The west bengal security act, 1948

•.
•
Government.of West Bengal.. - . ·.
J udicial and Legislative (Legislative) Department •
West BengalAct III of 1948
.
The West Bengal,Security ·Act
1948
1
Superintendent, Government Printing
West Bengal Government Press, Alipore, "\Vest Bengal
1948
.,1
.." r .
Price- Indian, annas 8; English, 10d.

West Bengal Act III of 1948
THIE WEST' ,BENGAL SECURITY ACT, 1948.
GONTENTS.
OHAPTER I.
SEG'.!;J:ON.
1. Short title, extent and commencement.
2. Definitions. , .•
3. Effect of t_he provisions of the Act h en inconsistent with other law.
4,. Saving. ~
5•
Preliminary.
Non-compl1a~ce with the provisions of this f ct or any orders made thereu~der,
+- . $
" OHAPTI R 1I .
~ - Sabotage.
• Prohibition of subversive acts, publications
8. Proscription, etc., of certain documenls.
and· communications,
Prevention of Subversive Acts.
I
t)
9.<Power to impose censorship. -
CHAPTER III.
PuDlio .Safety and Order.
•10. Punishment for ca:r;rying or possessing any corrosive substance or lig_uid.
l l . Definition of looting.
f.2. Use of force to stop looting.
.fa. Curfew.
14. Amendment of sections 127 and 128 of the Code of Criminal Procedui:e, 1898.
15. Control of processions, meetings, etc.
16. Power to make orders restricting the mov·ements or actions of or ·detaining cerpersons.
17. Duration of orders made under section 16.
18.-.Grounds of.order ofd etention to.be disclosed to person affected,by. e order.
19. Control of upsoo f loudspeakers, megaphones, etc. "
20. Unlawful.,.drilling. " •
21. Ungfficial uniforms,c"etct ·
€22. Por ers ot require the <assistance of certain persons.
CHAPTER IV.
Miscellaneous Provisions.
2 3. Power to obtain information.
24. False statement.
25. .Requisitioning of property.
26. Publication and service of notices.
A OHAPTER V.
supplementary and Procedural.
27. Attempts, etc., to contravene the provisions of the Act.
28. Special provision for searches.
29. ·General power of arrest without warrant.
.30. Powers of arrest and detention.
31. Cognizance of contraventions of the provisions of the Act or orders made thereun
32. Power to give effect to orders, etc.
'33.
34.
35.
36.>
Saving as to orders.
Protection of action taken under the Act.-1 e
Delegation of powers and duties of the Provincial G9vernment.
.1:'ower to make rules.
37. Say ing and repeal.

-,,
West Bengal Act III ·of 1948- . , 's ­
. .
THE WEST BENGAL SECURITY ACT, 1948.
[Passed by the West Bengal Legislature.]
[Assfnt of the Govefoor-General. w:as :first published in·the Calcutta
Gazette, "Extraord'inary, of the 13th March, 1948.]\
An Act to malce 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 comm unal harmony on the
~afety 01· stability of the P1'0vince, the suppression of
goond as and fo +maintaining _supplies and services•7 •7 r ·» , - 8 w y » . .. .
n----s:;-s,for the West -~engal Security_ Act, 1948
-Correction P(West Ben. Act 111 of 1948). ...
., Pages 1, 2-
8
In section 2,-
(1) substitute the following clause, s(1) /01· .clause . , .;,•
namely :- - t; 1 £ 1
\; '(1) 'essential commodityd' ?3-elands foos·udc,h ~ ~h:; thi ! g-r ht power an me u es . .
• or be declared by the Provincial Govei:n­
hy noti ct io , to be essential tor the I re
of the commumty; ; \
,.
t
- - - . 93L2 .r s · ·s extent,+« u s- vo7Ure -WVEIL.e of? WV@so- Deng'au. . - •com­: r- sa c 2 ma. . . • ·-
(3) The Provincial Hovernment may, by notifiqation, ::!~e-. direct that all or any of J1~ provisions of."this..A.ct shall come and
into force in the wholagf a any part oftheprovin ce of West _duration. ·
Bengal on such·date as may be specified 1n the notification
and may, by like notification, direct that the said provisions
-or any of them shall cease tobe in force in the said province
.or part, as the case may be,·on such date as •may "be specified·in the notification. ·
·'
.(2) "g-oonda" has t he same meaning as rin the Goondas.A.ct, 1923; ­
(4) It shall, in the first instance, remain in force for a
period of one year; provided that if a resolution in that
behalf is, before the date on which under this sub-section
it would o~herwise have ceased to operate, passed by the
Provincial Legislature, it shall continue in :fame for a
further period of one year from such date. s ».,
% "€z
2, In this .A.ct, unless there is anything repugnant in De.fl.
the subject or context,- · nitions.
(1) "essential commodity" means food, water; fuel, light,
power or any other thing essential for the existence
of the community which is notified in this behalf
by the Provincial Government;
Ben, Act I
0f 1923.

West Bengal Act III ·of 1948· - , 's ­
THE WEST BENGAL SECURITY ACT, 1948.
[Passed by the West Bengal Legislature.]
I.A~!nt of the Govefoor-General w:as first published in the Calcutta
Gazett e, Extraordinary, of the 13th March, 1948.)
' ¢
il n Act to malce special provision for the maintenance o.f.
public order by -the. prevention, of illegal acquisition,
pose s$ion or use of arms , the suppression of subversive
movements endangering communal harmony or the
safety 01· stability of the Province, the suppression of
goondas and fo, +maintaining s upplies and services "
·essent al to the lf e of the community.
WHEREAS it is expedient to make spec_ial provision for
the maintenance 0£ public order by the prevention of
illegal acquisition, possession or use-of arms, the suppres­
-sion of subversive movements endangering communal
ib.armony or the safety or stability of the province, the
suppression of goondas and for maintaining supplies and
·services essential to the life of the community;
It is hereby enacted as follows :~
CHAPTER I.
Preliminary.
1 .
;°;.:,,. s.
r
l
J
re .£
1. (1) This .A.ct may be called the West Bengal Short'
.:Security .A.ct, 1948. title,-
-- ? ).I extends to l e»whole»6 wesB e gl .'. · , 2pi?""• ! « 4+ 4
3) The Provinga! over met may, .by notification, ?2?]?"direct that all or aaf of the provs ons of th1s,Act shall come ·and
into force in the whole or in any part of heprovince ofW est daratig» ·
Bengal on such·date as may be sped'.6,_ed m the notif cat on
and may, by like notification, direct that the said provisions
·or any of them shall cease to be in force in the said province
or part, as the case may be,·on such date as may 'be specified
in the notification. \. .
(4) It shall, in the first instance, remain in force for a
period of one year; provided that if a resolution in that
behalf is, before the date on which under this sub-section
it would otherwise have ceased to operate, passed ib:[email protected]
Provincial ·Legislatur~ it shall continue in force #ffurther period of one year from such date.
2, In this .A.ct, unless there is anything repugnant in Defi-
the subject or context,- nitions.
(1) "essential commodity" means food, water, fuel, light,
power or any other thing essen.tial £or the existence
of the community which is notified in this behalf
by the Provincial Government;t $
·(2) "goonc1a" has.the same meaning as rin the Goondas
.A.ct, 19233 ­·Ben, Act I
of 1923.

#-i:'JJI;.;
s$s
s
•. . ~
XI of 1878•. f.1· · ;
criss.el·,a
The West Bengal Sec uri ty Act, 1948.
[West Ben. Act
(Chapter I.- Preliminary.S ections 3, . )
' .''notified'' and "{'notification'' mean n otifi ed an d noti­
fication respectively in the Official Gazette;
'·'prejudicial report" :means any report, statement or
visible representation, which, or. the publishi;u.g of
which, is, or is an incitement to the commission
of; a subversive act as defined in clause 7; ..
"prescribed" means ,prescribed by any order made
under this'Act; y N
"public servant"·inclucles any public servant as defined
in the Indian Penal Code and any servant .:9f any Act XLV
•local authority or railway administration.~ ' · of 1860.
"subver~ive act" means any act which is intended or .
is likely-
(a) to endanger-
() comm ± al harmony, or •
(ii} the- safety or stability of the Province;
(b)
(7)
(6)
(6)
(3)
(4)
to'organise, further or help the illegal acquisition,
possession or use of.:--
(i~ arms, ammunition or military stores as defined in
the Indian Arms Act, 1878,
(ii) explosiy,e substa.nces (as defined in the Explosive
Substances Act, 1908), pr .
(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
t amper with the loyaltyof such persons;
(@) to impede, delay or restrict any work or any means
of transport or locomotion necessary for the supply
or distribution of any essential commodity except
i n furtherance of an industrial dispute as defined
in the,Industrial D isputes Act, 1947. XIV.or
. '° ·.-- ·. . . . . 1947.E p lanat on.-y Acts bona fide rnchcatmg chsapprobation
of the policy or measures f the Government with a view to
obtain their alteration by;lawful means shall not be deemed
to be acts mhich are i ) ,nded i:i'rare likely to anc1anger the
safety or stability of e province. _.
3.' T he provisions of this Act and of a~ orders made
thereunder shall have effect notwithstanding anything incon­
sistent therewith contained in any other law for the time
being in foc o orin a.ny instrument having effect by virtue·
of any such law. .
4. No prohibition, restriction or disability imposed by or
under this Act, unless ot];ierwise expressly provided by an
order issued by the Provincial Government or by an officer·
specially authorised by the Provincial Government in this.
behalf, shall apply to anything done by, or under the direc­
tion of, any public servan.t~acting in the course of his dut:.v·
as such public servant. e, ·..
2
a
Effect of
the pro­
visions of
the Act
when
incon­
sistent
with other
law.
Saving.
' ..I,
1

9 .
{3)·Wh ere in pursuance o.f .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 per.mission, comply with such orders·for regulating hie
conduct •as ··may be given by the Provincial Government.
(4 ) Any police officer, orany other person authorised i
this behalf b 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
po·se of the'search, detain such person, vehicle, vessel,animal and article : .
. .Provided that no woman shall be searched in pursuanceof this sub-section except by a woman.
(6 ) I any person is in a protected place in contraven­
tion of this 'section, then with-out prejudice to any other pro­
ceedings which may be taken against him, h.e may -be
removed therefrom by any police officer or by any other
person authorised in this behalf by the Provincial Govern­ment.
(6) If 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 threeyears or with :fine or with both.
5B. (1) If the Provincial Government considers it Protected
necessary or expedient to regulate the entry of persons.into areas,
any area, the Provincial Government may, with.out prejui;lice ' :
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 thepurposes of this Act.
) On and after such day as may bespecified in, and
subject to any exemptions for which prov1s1on may be made
b y, 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 specifiedin the said order. • -
(3) Any police officer, or any·other persor authorised in
this behalf by the Provincial Government, ~ y 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 person, vehicle, vessel,animal and article:
. Provided that no woman shall be searched in·pursuanceof 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
may be removed therefrom·by or under the direction of anypolice of cer on ·duty in the protected area,
(5) If any person is in a pr~ cted area in contravention
of any of the provisions of this section, he sh ll be punishable
I th Imprisonment for a term which may extend to threeyears or wath fine or with both. E­botn.

Protected
places
Page 3- .
After Chapter I, insert the, following Chapter, namely:­
''CRAfTER IA.
Access to certain places and,areas.
5A. (Z) If as respects any place ox class of places the
Provincial _Government considers it necessary or ·expedient •
that special precauti~~~· should be taken -toprevent the entry
of unauthorised per&i s, the Provincial Govert}@n t may by.order declare that place, or, as the cass,pi.ay be, every place
of that class to be a protected place; and thereupon, ·for so
long as the order is in f orce, such place or every place of
such class, as thec ase may be, shall be a protected place for
th.e.p urposes of this Act.
(2) No person shall, without the :perm1ss1on of the Pr.o­
vincial Government; enter, or be on or in, or pass ove1'., or
loiter in the vicinity of, any protected place.

Forcing or
evading a
gu atd.
a7
Orders for
certain
places and
areas.
5C. Any person who el ects or attempts to effect entry
1nto 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.
5D. (I) Without prejudice to any other provision 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 tal e special
precautions £a:;:preventing or suppressing subver­
sive acts or for maintaining supplies and services
essential to the life Qf the community,
may make orders for controlling or regulating 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 (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;
(o) 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
(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
modifications as may be specified in the order.
a
(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
-- vouu u uu may extend to seven years or wit h fine or withboth.

The West Bengal Security Act, 1948... ,;
Ill 0f 1948.]
(Chapter' I.- Prelimi nary.C hapter° II.P revention
S ubversive Acts.S ections 5, 6.) ·
of
-
·1I(~.........:,.
5. If any person to whom any prov1s on of this Act Non­
relates or to whom any order made in pursuance of any compli­
such provision is addressed or relates or who is in occgpa- 2"?&,2"?r?""
tion, possess1on orcontrol of any land, bu ldmg, vehicle, i sions
vessel or other thmg to which such prov s1on relates, or 1n of this
respect of which such order is made- Act or
any
(a) £ails without la:wful authority or excuse, himself, or orders
in respect of any land, building, vehicle, vessel or ~ ade.
other thing of which h e is in occupation, possession a..or control, to comply with such provision or order; or
(b) evades, or attempts to evade, by any means such pro­
vision, or order,
he shall be deemed to have contravened such prov1s on or
order. •• L;
CHAPTER II .
Prevention of Subversive Acts.
2t
,f
...6. (Z) 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 pur­
pose of Government or any local authority;
(b) any railway (as defined in the Indian Railways .A.ct,
1890), aerial ropeway (as defined in the Bengal
Aerial Ropeways Act, 1923), . tramway, road,
canal, bridge, culvert, causeway, port, dockyard,
lighthouse, aerodrome (as defined in the Indian
Aircraft Act, 1934), air-field, air-strip or any
installation thereon or any telegraph line or post
(as def ned in the Indian Telegraph Act, 1885);
(c) any rolling-stock of a railway or tran way 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;
(e) any prohibit!}..d...place as defined in sub-section (8) of
section 2 fff,~the Indian Official Secrets Act, 1923.
. (2) The proyisions 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 Provincial Govern­
ment 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
th1s sect on, he shall be punishable with imprisonment for
a term which may extend to seven years or with fine or withboth.
Sabotage.
f

!f 1,..
58.
{:) after clause (6), insert the following
· namely·:-
k"(5a) 'protected place' means a place declared under.
section 5.A.to be a protected place; and .- ". _. . "-,,
(6b) 'prot ected area' means an are·a declared :under '
section 5B to .be a J)rotecteq·area;" ;J,.,
(3) to clause·(6), add the following words, namely:-
l. "and any person engaged in ·any employment or
class of employment which the Provinciai
Government may, :from time ·t o time, declare
to be employment or class of employment
essential to the life of the c?mmunity ;" t·9 l a se ) , ' £4-( a) for sub-clause (e), substitute the following sub- ~"'-
clause, namely:- ·
"(e) to impede, delay or restrict- " · ;_
(i) any work, or . I';_
(ii) any means of transport or locomotion, '
necessary for the production, supply or distribution fof any essential commodity except in furtherance {
D
o£_an induA·stria
1
1
9
d
4
1
7
·s~:ite asd defined-in the In dustrial t1sputes ct, ; ;a n xIV or}
(b) renumber the explanation as paragraph (6) 1047. PE
thereof and after the said paragraph, as so re- 'Inumbered, add the following paragraph,
namely:
"(ii) .A.n illegal strike or an illegal lock out, as . {,
defined in section 24 oi the Industrial Dis­
putes Act, 1947, shall not be deemed to be
,an industrial dispute for the purposes of
sub-clause ,(e)." . 1(Substituted, inse1·ted, added and renumbered ·by West
Bengal .Aot XIX of 1948, section 2.)
•[No. 43, dated the 5th June, 1949.) ·

· = u aplace or protected area, asthe case mayb, shal apply t oor $f%,·m relation to the place or area 1 respect o:£whl ch tJie ordel' ;;•iI·•.-is made either without mo,ai:fication or subject -to ·,such-_2;'..: •
modification as may be specifi.ed in the order; . ·· . . · "
· • (6) I:£ any person: contravenes_ any order ·,made: 1D1der .
this section, he shall be punishable with imprisonment .f or'
a -term whiclt may extend to three years or with fine or with
both."
(lnse1·ted by West Bengal Act XIX 6/ 1948, section, 3.)

t, . .
4 The West Bengal Security Act, 1948.
$
. West Ben. Act ·
(Chapter II.- Prevention of Subversive Acts.+ Sections 7, 8.)
.· 7. (1),No person shall, without lawful. authority orexcuse,­
(a) do any subversive act; or
(b) make, print, publish or distribute any document con­
, taining, or spread by any other. means whatsoever,
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 deemed
to have contravened this section.
Prohibi­
tion of
subversive
acts,
publica­
tions
and com­
munica­
tions.
Ben. Ord.
VI of
1946.
(3) I 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: .
P rovided that in any proceedings arising out of a contra­vention 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 printed, 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
· Provincial Government, or ·
(iii) as a proof intended for submission to the Provincial
Government or to a person or authority desig­
nated by the Provincial Government in this behalf
with a view to obtaining permission for its publi­
cation; ' -. .
(b) in r elation to the publication of any document it shall .
. be a defence for the accused to prove that the said
document was published- "
() before the Bengal Special Power; Ordinance, 1946,
came into force, or
{ii) with the permission or under the authority of the
· Provincial Government. z
Proscrip­
tion, etc.,
of certain
docu­
ments.
8. (1) Wh ere in the opinion of the Provincial Govern­
ment any document made, printed or 'published, whether
before or after this Act comes into force, contains any pre­
judicial report, the Provincial Government may, by order,-;. .
( ) require the author, printer, publisher or person in
possession of such document not Bemg a: newspaper
to inform the authority speci:fied 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 persons in possession
of such document and copies thereof;
(c) require the delivery of such document and any copy
thereof to any authority specified in the order;

5
The West¢Bengal Security Act, 1948.°
Ill of 1948.]
(Chapter II.- Prevention of Subversive Acts.- Sect on 9.y
(~) prohibit the :further publication, sale or distribution
of such d ocument, of any extract therefrom o:r;o'f
any translation thereof, including, in the case of
a newspaper or other periodical, the publication,
sale or distribution of any subsequent issue thereof;
(e) declare such document and every copy or translation
thereof or extract therefrom, to be forfeited to HisMajesty.
(2) Wh ere in pursuance of sub:section (1) any document
is required to be ·delivered to a specif ed authority, that
authority may enter upon and search any premises whereon
Oz_wherein such documient or any copy thereof is or is roaeo .' 1spected to he.
(3) Wh ere in pursuance of sub-section (1) any document
h as been declared to be forfeited to His Majesty, any police­
officer may seize any copy thereof, wherever found and a ny
Magistrate may by warrant authorise any police officer not
below@he rank of Sub-Inspector enter upon and search any
premises whereon or wherein such document or any copythereof is or isr easonably sm:pected 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.
9. (1) The Provincial Government may, for the purpose Power to
of preventing or suppressing subversive ac.ts, by order impose
addressed to a printer, publisher or editor, or to printers, ce:15or.publishers and editors generally, . • ship.
(a) require that all matters, or any matter relating to a
particular subject or class oi sub,jects, shaII, before
being published in any document or class of docu-
:.f:;. ments, be submitted for scrutiny to an authorityspeeified in the order; •
) prohibit orr egulate the mal ing or publishing of an .
document or class of documents, or of any matter erelating to a particular subject or glass of subjects,
or the use of any· press, as denned in the IndianPress (Emergency Powers) .Act, 1931.
? ) If any person contravenes any order ziade under 3section (1), then., without prejudice to any other proceedings
which may he taken against such·person, the Provincial
Goveniment may declare to he forfeited to His Majesty every
Copy_ of any document published made in contra­
vention of such order and any press, as defined in the Indian
Press (Emergency Powers) Act, 1931, used in the makingof such document. ~
(3) If any person contravenes any order made under this
section, he shall be punishable with imprisonment for a term
which may extend to five years or with :fine or with both.
E£Cplanation.- In this Chapter "document" includes
gramophone 1·ecords sound;,tracks and any other articles on
h ich sounds ha e been recorded with a i em to t heir s 3sequent reproduction.
XXIII of
1931.·
-
k?
'I
J··}%
#±

6 T he West Bengal Security Act, 1948.
Punish­
ment for.
carrying
oi pos­
sessing
any gor­
rosive
"substance
or liquid.
Def6ni­
tion of
looting.
Use of
force to
stop
looting.
,-, [West Ben. Act
(Chapter III.. Public Safety andOrder.- Sections 10- 13.)
CHAPTER II I.
Public Safety and Order, .
10. Any person who carries on his person or knowingly
·has in his possession or unde:i· his control any.corrosive sub­
stance or liquid, under such circumstances as to give rise
to a reasonable suspicion that he does not carry it on his
person or have "it in his possession or under his control for
a lawful object, shall, unless he can show that he was carry­
ing it on his person or that he had it. in his possession or
under his control for a lawful object, be punishable with
imprisonment for a term which may extend to seven years,to which fine may be added.
11. Wk6eve commits dacoity, robbery, theft, or theft
in a building, vessel or vehicle or criminal misappropriation,
.it -:_the commission of such offence takes place,
{a) during a riot or any disturbance of the public peace
•-· at or in the n eighbourhood 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 lgw nd order
·has been completely restored in such area, or
(c) in circumstances such that a person whose property
is stolen or criminally misappropriated is not, as a
consequence of rioting or any other disturbance of
the public peace, present or able to protect such ·property,
is said to commit the offence of. looting.
12. : .Any police-officer may use such force as may be
necessary even to the causing of death in order to.stop the
commission of the offence of looting wih i' his vie .
Carte . 13. (1) The Commissioner of Police in Calcutta and the
District Magistrate elsewhere may, subject to the control of
the Provincial Government, by order direct that, subject to
any exemption specified_in the order, no per;son present within " _
any area or areas specified in the ·order shall, between such
hours as may be specified in the order, be out of doors
except under the authority of a written permit granted by a·.specified authority or person. - "
2
(2) I any person contravenes any order made under this
section, he shall be punishable with imprisonment for a term
which may extend to one year or with fine or with both.
(3) 1 this section "Calcutta" means the town of Calcutta
as defined in section 3 of the Calcutta Police Act, 1866, 1 . . Act
together with the suburbs of Calcutta as defined by notifca- IV £ 1866.
tion under section. 1 of the Calcutta Suburban Police Act, Be . Aot I
1866. n or jg
1866. ·

ol of
sssions,
ings,
/ .. .
"S
cting
90ve.
(!or .
lS
'llllg
in
s. ­
7The Wast Bengal Security Act, 1948.
Page 7-
ln sub-section (1) of section l5, after the words ''com­
.munal peace" add the words 'for to endanger the safety or
stability of the Province" ·\r
·(Added by West Bengal Aot XIX of 1948, section 4.)
[No. 43, dated :the 6th June, 1949.7
3
1II of 1948.1 .-
(Chapter II I.- Public Safety and Order.- Sections 14-- 16.)
'14. During the continuance in operation of .•this Act, Amen.d-
in sections 127 and 128 of the Code of Criminal ProceduFe,. ment of
1898, for the words' "or officer in charge of a pblice-staiio'fi" sections
the words "or any police-officer of or above the rank of gJa;d.a head constable" shall be deemed to have been substituted. the Code,
of Ori- ·
., ·· minal
edure,
Page 7-
After section 15 insert the following ·section, n_a:niely:-
\ /'15.A.. (1) If, in the opinion of the Provincial Govern­
• ment, it is necessary or expedient so
Control of move- do for preventing or suppressing
"PP!5of 9pm odi 4 t ensive acts or for mamtamu gar IC es or u.wgs. . · t' 1 t thsupplies and services rissen 1a o e
life of the community, it may, by geneg l or
special order, prohibit or restrict the movement of
any commodity, article or thing (!ncluamg . any.
vessel vehicle, aircraft or animal) either
generally or between any particular places or on_any particular route.
(2) If any person contravenes . any order m ade under
sub-section {1), , he shall be pums_hable with
imprisonment for a te:m:nwhich may extend to
three years or with :6.:ne or with both and the Court
tryino the offence shall order that the comm'&d1ty,
artiol or thing (including air=, vessel, · vehicle,
aircraft or animal) in respect ot which tlie offence
·has been committed shall .be fozj:e1ted to HisMajesty." .\ ,..
(Inserted by W~st Beng~l Aot XIX of 1948, section 5.)
[No. 43, dated the 6th June, -1949.J
v u + us4u g upon num such restr ct1ons as may b e specj­
fied_ in the order in· res1Ject of his employment,
busmess or movements, in respect of his assoc~:_:t'tion
or communication with other persons, and in res­
pet of his activities in relation 'to the dissemina­
tion_6f news or propagation of opinions.
. (2) Wh ere an order is made under sub-section (1) direct­
ing any person to be detained, the Provincial Government
may, if it so thinks fit, grant to such person, in accordance
w1th such ~·ules as it may make in this behalf, such allowance'or expenses as it may deem appropriate. ·
(3) If any person is in any area-or place in contravention
·of an order made.under the provision of this section, or fails
t
II
i
~
-'Act V
of !898.

Aot V
of 1898.
a{;
}"2L
+.F
"
The West Bengal,Security Act, 1948.
111 6f 1948.1 •
(Chapter II I.- Public Safety and Order.- S.eotions 14-- 16.)
14. During the continuance in operation of _.this :A.ct, .Amend­
in sections 127 and 128 of the Code of Criminal Procedu.;i;e,•ment of
1898, for the words "or officer in charge of a p'ol:i.ce-staiioft" sections
f 127 and
the words "or any police-officer of or above the rai k o 128 of
a head constable" shall be deemed to have been substituted. the Code·of Ori- ·
min.al
Procedure,
1898.
15. (1) The Provincial Government may, by general or Control of
fil_)ecial order, prohibit, restrict or impose conditions upon, processions,
the holding of or taking part in processions, meetings or meetings,
:assemblies whi·ch, in its opinion, are likely· to disturb the etc.
communal peace. t}- .•. .E , - ' . '
(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.
(3) If any person contravenes any order made under this
sestdio , he shall be punishable i th imprisonment fr ," , %? •
w ich may extend to three years or with fine or wit ot .· .• . 'I, ..
? .
16. (1) The Provincial Government, if satisfied' on Pow6r to ?
reasona,ble -ground~.; with respect to any particular person make
that with a :view to }Jreventing him from doing any sub. o
rd
ers. l restricting
e rsive act it is necessary so to do, may make an ore er- the move­
(a) directing that he be detained; ments oractions
(b) directing that, except in so far as he may be per- ofo r
mitted by the provisions of the order, or by such detaining
authority or person as may be specified therein, he certain
shall not be in any such area or place in West persoJ:¥1,
Bengal as may be specified in the order;
(c) requiring him to reside or remain in such place ..or
within such area in West Bengal as may be speci- ·
£.ed in the orcler and if he is not already. there to
proceed to that place or area witi in such time as
may be specified in the order;
d) 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 :\.n the
order; "
(e) imposing upon him such restrictions as 1aay be speci­
fied in the order in respect of his employment,
business or movements, in respect of his associ_a;tion
or communication with other persons, and in res­
pect of his activities in relation 'to the dissemina­
tion of n_ews or propagation of opinions.
. (2) ..Where an order is made under sub-section (1) direct-
1ng any person to be detained, the Provincial Government
ID:=t,Y, if it so thinks fit, grant to such person, in accordance
,with such rules as it may make in this behalf, such allowance
or expenses as it may cleem appropriate. ·
(3) H any person is in any area-or place in contravention
·of an order made under the provision of this section, or fails
7
flt

The West Bengal Sec'u.?'ity Act, 1948.
[West Ben. Act
(Cha ter II I.- Public Safety and Order.S ection 17.)
8
T-r ation
•OI orders
made
under
section
16.
to leave any area or place in accordance.with t he require­
ments of such an order then, without prejudice to the provi­
sions of sub-section (6), he may be removed from such area
or place by any .police-officer or by any person acting on
•· behalf of the Provincial Government.
(4) So long as such an order as aforesaid in respect of
any person directing that he be detained, is in force, he
shall be liable to be removed to and detained in such place and
under such conclitions, which may include conditions as to
maintenance, discipline or punishment for offences and
breaches of discipline, as the Provincial Government may
from time to time by general or special order specify.
(5) If the Provincial Government has reason to believe
that a person in respeet of whom such an order as aforesaid
has been made directing that he be detained has absconded
or is concealing himself so that the order cannot be executed,
it may-
(a) make a report in writing of the fact to a Presidency
.Magistrate or a Magistrate of the :first class having· •·•;
·jurisdiction in the place where the said person ordi- 3
narily resides; and thereupon the provisions of sec- ._#"1tions 87, 88 and 89 of the Code of Criminal Proce- Act v 4dure, '1898, shall apply in respect of the said person of 189&. ~-
and his property as if the order directing that he
be detained were a warrant issued .by the Magis­
trate;
(b) by notified order direct the said person to appear
before such officer, at such ·place, arid within such
period as may be specified in the order; and if the
said person fails to comply with such direction he·
shall, unless he proves that it was not possible for
him to comply therewith and that he had, within
the period specified in the order, informed the
officer of the reason which rendered compliance
therewith impossible and of his whereabouts, be
punis hablewith -ima pr isonment-for-at erm whi ch.r ay
extend t o--one gear, or withfi ne, or-w ith-both.
.(6) If any person contravenes any order made under-this
section, ..otherth an-an - or:deg- of---th en atureref erred--#oeein
clause( b) of sub-section 5 ), he shall be punishable with
1mpn sonment for a term which may extend to three years,.
or with fine, or with both.
• . 4 ..- • .f" -1'L -Sa"\l"e, as hereinafter in this secti'8\- otherwise
provided, an order made under section I6 shaw! be in force
for such period<g ot exceeding three month&f +as may be
specified in the order or for the period sul5sequent to the·
date of issue of such· .rder cluri::..-g which this Act continues'
in operation, whicheve is less, unless earlier cancelled by
the authority making the order:
«Provided that the Provin 'al Government may, if and so­
often as it thinks fit, before the date on which under this.
section any such order would otle xis e have ceased to be in
:force, place before a Judge of the Hlgh-- Oourt in Calcutta,.
the grounds on which the order is made, the representation,

/
--Page 9­
} dtter section 18, insert the followin g section,a±#61._· y...''JllA. Whoever h own g or lia~ ng !'C"8.onA;o.•!!>!"\eve
that an order directing'anyperson..4,,."ie-.. .,~i,,, . be detained h.a, 'beeµ llla/lf :"'1.,i€,'P ri g or co coeat e. clause (a ) of sub-section _(2•"" •n•;=1ara d to bo section 16 harbour, .·or :Conceal, ,fillcJ,
dotau,oa_. •'Person. · filial] %e ·J>fui:i>'J,Oq •'With
· iinp:dsomnent ..-for -a i erm 'wltich
\ 1nay ~ end loiwo year, and ah.a]] also be liableto
a Jme wh.icJ, may extend t one thousand n,pees.
l!JxpZana,ion.- rn this ,Oction, the Word 'harbour'
includes the supplying .a Parson with ah.e!ter,
food, drink, ruoney, clothe,, anns, aruruunitinu
or means of conveyance, or the assisting a person_
by any rueau,, w.he&er of the same fillld asJ,;,,.·
inbefore ei,umerated or -not, to •evade "\Ppreiieu-·. ,, \__ .
810n . . -..- . . . · · -
'(inserted, by W,,,'.Bengal Aot X.IJ; of 'W,18, seotirn_il.)
[No. 43, dated the 5tli 'June, 1949.j~ .t
I
~. .. --..
7" [No48, datea ti e 6ti 7 ne, g o,7 •.- ··--·., . ··-
. ,

Provided that-
(a) the Provincial Government may, if a.nd ·so often
as it thinks ft,
) in the case of an order u nder clause (a) of the
.said sub-section, place before a Judge of the
High Court in Caloutta the grounds on which
the order is made, the representations, if any,
made under section 18 by the person affected
thereby, and such further materials 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 entitled
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 t he person or
for an extension of the period or' his deten­
tion by such period o r periods as may be
determined 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 :firstinstance;
(b) notwithstanding anything hereinbefore contained.
it shall be lawful £or the Provincial Government
to release at any time, if it so thinks :fit any
person in respect of whom an order under sub­
clause (i) of clause (a) has been made." ~\--..
(Substituted by We st Bengal Act XIX of 1948, section7.)
[Yo. 43, dated the 6th June, 1949.7v v « «v u. au 1 a UUu ul a vc u l ut uz vlut uzu t u 1u L u u uL tu t
vehicle or apparatus seized within a period which is in the
op11 on of the Magistrate reasonable, he shall direct its
return to the person from whom it was' seized.
Pages 8, 9­
i·.
(Chapter'III.MP blic Safety and Order.S ections 18, 19.)
'I
(
I
ol
-"r s,
s,
9
said Act, substitute the following
. . . .
The We i Bengal Security Act, 1948.,
HI 0f 1948.]
hereinafter in this section otherwise
provided, an order made under
Duration of orders sub-section (1) of section 16 shall
madeun der section 16(1). be in force for such period not
. exceeding nine months, as may be
specified in the order or for the period subsequent
to the date of issue of such order during which
this Act continues in operation, whichever is less,
un less earlier cancelled by the authority making
the order :
For section 17 of the
section, namely:-
'\ ,-. "17. Save asJ
t.


62
(3) in sub-section (6), omit the words, :figure, letter
· and brackets "+other than an order of the nature
referred to in eiause (b) of sub-section (5)".,
(Omitted and substituted by West Bengal Act ![IX of1948, section 6.)
. [No.-43, dated the 5th June, 1949.J
\ A

9
Grounds ?
of order ·
of deten- :. :
tion to be­
disclosed ­to person
affected
by the
order,
Control
ofus e ·
of loud, ··
speakers,.
mega- · ·
phones,'
etc.
The West Ben il Securit Act, 1948.
of 1948.]
{
(Chapter'III .±P t Safety and Order.- Sections 18, 19.j
if any, made under section 18 by the person a:ffecteci thereby
and such further materials as the Provincial Government may
think f t and the Pr ovincial Government shall, in accordance
with the decision of the Judge thereon, issue an order of
·release or a fresb\ order of detention for such period not
exceeding nine months as may be determined by the Judge:
. _P iovided also ihatbteperson, affected by lie order s±an
not-be entitled to be defended or represented .by any lawyer·or«other person before the Judge:
Provided further that t he'P rovincial Govert ±ne t ,n~.'>-'-flhe at liberty to release any.s h person at, any time notwith­
standing any provision hereinbefore contained.
rJ
18. Where an order is made in respect of any person
under clause.(a) of sub-section (1) of section 16, the authority
making the order shall, within fifteen d ays a fter the order
is made, communicate to the person affected thereby the
grounds on which the order has been made against him except
in so far as the said authority considers that disclosure of any
fact would be against the public interest. and such other
particulars as are in the opinion of such authority sufficient
to enable him to make, if he wishes, a representation against
the order and such person may at any time thereafter make
a representation in writing to such authority against the order
and it shall be the duty of such authority to inform such
·person of his right of making such representation and to
afford him the earliest practical opportunity of doing so.
,.;~....~
19. (1) The Provingi l Government may, for the purpose
of preventing or suppressing subversive-.acts, by general
or special order, prohibit, restrict, regulate or imposeconditions 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 electri­a lly operated loudspeaker; 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 apparatusreferred to in clause (i).
( ) Any police-officer may take such: s and use such
force as may be reasonably necessary for - ring 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 iii, but if no prosecution 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 itsreturn to the person from whom it was seized.
l .
±
t£.I
/;

.l
> .,,
·[West Ben. Act
p#, We t Bengal Securit y 4oh 1948._
22, (J} .!J<Y officer g Government authorised in tb.ie
behall by general or s~ecial order ol the Provincial GoveTil·
,nent may, within such area 08 may be specifted in the order,
re, uire any male person in th<I arc

Excerpt shown. Open the full act in Lexace.

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