West Bengal Maintenance of Public Order Act, 1970

No: 20 Dated: Nov, 30 1970

THE WEST BENGAL MAINTENANCE OF PUBLIC ORDER ACT, 1970

Act No. 20 of 1970

    An Act to provide for special provisions for the maintenance of public order by the prevention of illegal acquisition, possession or use of arms and the suppression of subversive activities endangering public safety and tranquillity and for matters connected therewith or incidental thereto.

    In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970, the President is pleased to enact as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Maintenance of Public Order Act, 1970.

(2) It extends to the whole of West Bengal.

(3) It shall come into force at once.

2. Definitions:- In this Act, unless the context otherwise requires,—

(a) "essential commodity" means food, water, fuel, light or power and includes such other thing as may be declared by the State Government, by notification, to be essential for the life of the community;

(b) "essential service" means any service connected with—

(i) public conservancy or sanitation,

(ii) hospitals or dispensaries,

(iii) tramways or transport, whether provided by the State or by any other body, authority or individual, or (iv) gas works,

and includes such other services connected with the matters with respect to which the State Legislature has power to make laws and which the State Government, being of opinion thatthe maintenance of such service is necessary for the prevention of grave hardship to the community, may, by notification, declare to be essential service ;

(c) "notified" and "notification" mean notified and notification respectively in the Official Gazette;

(d) "prescribed" means prescribed by any rule or order made under this Act;

(e) "protected place" means a place declared under section 6 to be a protected place;

(f) "public servant" includes any public servant as defined in the Indian Penal Code and any servant of any local authority and any person engaged in any employment or class of employment which the State Government may, from time to time, declare to be employment or class of employment essential to the life of the community;

(g) "subversive act" means any act which is intended, or is likely,—

(i) to endanger public safety and tranquillity,

(ii) to organise, further or help the illegal acquisition, possession or use of—

(a) arms, ammunition or military stores as defined in the Arms Act, 1959;

(b) explosive substances as defined in the Explosive Substances Act, 1908, or corrosive substances; 

(iii) to commit an offence of looting or raiding under this Act or to further or help the commission thereof.

3. Effect of the provisions of the Act when inconsistant with other law:- The provisions of this Act and of any orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.