The West Bengal Maintenance Of Public Order ( Amendment) Act, 2023

Registered No. WB/SC-247 	 No. WB(Part-III)/2023/SAR-11 
 
ate 
 
NoIkea 6ttytte 
Extraordinary 
Published by Authority 
CHAITRA 20] 	 MONDAY, APRIL 10, 2023 	 [SAKA 1945 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 354-L.-10th April, 2023.—The following Act of the West Bengal Legislature, having been assented to by the 
Governor, is hereby published for general information:— 
West Bengal Act VI of 2023 
THE WEST BENGAL MAINTENANCE OF PUBLIC ORDER 
(AMENDMENT) ACT, 2023. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 10th April, 2023.] 
An Act to amend the West Bengal Maintenance of Public Order Act, 1972. 
 
WHEREAS it is expedient to amend the West Bengal Maintenance of Public Order 
Act, 1972, for the purposes and in the manner hereinafter appearing; 
It is hereby enacted in the Seventy-fourth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
West Ben. Act 
IX of 1972. 
Short title and 
commencement. 1. (1) This Act may be called the West Bengal Maintenance of Public Order 
(Amendment) Act, 2023. 
 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 10, 2023 	 [PART III 
Amendment of 
section 2 of West 
Ben. Act IX of 
1972. 
Amendment of 
section 8. 
The West Bengal Maintenance of Public Order 
(Amendment) Act, 2023. 
(Sections 2 — 4.) 
(2) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. 
2. In clause (g) of section 2 of the West Bengal Maintenance of Public Order Act, 
1972 (hereinafter to be referred as the principal Act), the following Explanations shall 
be added:— 
"Explanation I.— The offence by the commission of which the property is suspected 
to have been stolen shall be deemed to be a 'subversive act' for the purpose of this clause. 
Explanation II.— The circumstances which create reasonable suspicion that the 
property has been acquired, possessed, received, derived, obtained by any person by 
commission of any offence or by unlawful means shall also be deemed to be a 
`subversive act' for the purpose of this clause. 
Explanation 	 The word `property' includes any property or an asset of every 
description, whether corporeal or incorporeal, movable or immovable, tangible or 
intangible and includes deeds and instruments evidencing title to, or interest in, such 
property or assets wherever located.". 
3. After clause (e) of sub-section (1) of section 8 of the principal Act, the following 
clauses shall be inserted:— 
"(f) any property entrusted to the State Government, a Local Authority, any 
Company, Corporation Body established by any Act, any Company owned or controlled 
by the State Government, and to any public servant; 
(g) any property entrusted to any office where any duty in the discharge of which 
the State, the Public or the Community at large has an interest or any person who holds 
an office by virtue of which he is authorized or required to perform any public duty.". 
Amendment of 	 4. after sub-section (4) of section 20 of the principal Act, the following sub-sections 
section 20. 
shall be inserted:— 
"(5) The public servant duly authorized by the State Government in this behalf 
while submitting the report under sub-section (1) shall also forward a report to the State 
Government regarding details or value of the property, description of property derived 
or obtained by any person under this Act. 
(6) The State Government after receipt of the information from the said public 
servant or otherwise, to the effect that the Jurisdictional Court or Magistrate having taken 
cognizance of the report submitted by the public servant under sub-section (5), if, after 
enquiry in the prescribed manner, has reason to believe (the reason for such belief to be 
recorded in writing), on the basis of material in its possession, that— 
(a) any person is in possession of the property derived under sub-section (5); 
and 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 10, 2023 	 3 
The West Bengal Maintenance of Public Order 
(Amendment) Act, 2023. 
(Section 5.) 
Insertion of new 
section after 
section 20. 
(b) such property or value of the such property are likely to be concealed, 
transformed or dealt with in any manner prejudicial to the interest of State 
Government for providing compensation to the victim, for the purposes of 
maintenance of public order, revenue, public welfare, the State Government 
by notification in the Official Gazette, attach the said property for a period 
not exceeding one hundred and eighty days, from the date of publication of 
such notification; 
(7) Save as otherwise specially provided in any other law, the attachment shall be 
made in the manner provided for attachment of property in execution of decree under 
Order XXI, Rules 43, 43A, 46, 47, 49, 50, 51 and 54 of the Code of Civil Procedure, 
1908.". 
5. After section 20 of the principal Act, the following section shall be inserted:—
"Order of attachment 20A. (1) The State Government shall, within 60 days from the date from appropriate 
Court. 	 of the publication of the notification under section 20, shall make an 
application, supported by an affidavit stating the ground on which the State Government 
has issued the said notification before the Jurisdictional Court or Magistrate, as the case 
may be, seeking the ad-interim order of attachment absolute or any such further order 
or orders which the said Jurisdictional Court or Magistrate shall deem fit and for proper 
custody of such property in the interest of justice. 
(2) Upon receipt of such application the Jurisdictional Court or Magistrate, as the 
case may be, shall summon the person, whose property has been attached, to submit 
written objection, if any, as to why the order of attachment should not be made absolute 
and the property so attached be sold in public auction for realization of a fund for the 
purposes of payment of compensation to the victim, by framing scheme under this Act. 
Explanation I.— For the purposes of this Act "victim" means a person who has 
suffered any loss or injury caused by reason of the act or omission for which the accused 
person has been charged. 
Explanation II.— For the purposes of this Act, State shall also be deemed to be a 
victim whenever such situation arises.". 
5 of 1908. 
By order of the Governor, 
PRADIP KUMAR PANJA, 
Pr. Secy. to the Govt. of West Bengal, 
Law Department. 
Published by Law Department, Government of West Bengal and 
Printed at Saraswaty Press Ltd.(Govemment of West Bengal Enterprise), Kolkata 700 056. 

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