West Bengal Maintenance of Public Order Act, 1972
No: 9 Dated: May, 04 1972
THE WEST BENGAL MAINTENANCE OF PUBLIC ORDER ACT, 1972
West Bengal Act IX of 1972
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 tranquility and for matters connected therewith or incidental thereto.
Whereas it is expedient 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 tranquility and for matters connected therewith or incidental thereto ;
It is hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title and extent. - (1) This Act may be called the West Bengal Maintenance of Public Order Act, 1972.
(2) It extends to the whole of West Bengal.
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 that the maintenance of such service is necessary for the prevention of grave hardship to the community, may, by notification, declare to be essential service;
(c) "notified" and "notification" mean notified and notification respectively in the Official Gazette;
(d) "prescribed" means prescribed by any rule or order made under this Act;
(e) "protected place" means a place declared under section 6 to be a protected place;
(f) "public servant" includes any public servant as defined in the Indian Penal Code and any servant of any 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 tranquility,
(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 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 inconsistent 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.
4. Saving. - No prohibition, restriction or disability imposed by or under this Act, unless otherwise expressly provided by an order made by the State Government or by an officer specially authorised by the State Government in this behalf, shall apply to anything done by, or under the direction of, any public servant acting in the course of his duty as such public servant.
5. Non-compliance with the provisions of the Act or any orders made thereunder. - 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 occupation, 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, 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 provision or order, he shall be deemed to have contravened such provision or order.
CHAPTER II
Access to certain places
6. Protected places. - (1) If as respects any place or class of places the State Government considers it necessary or expedient in the public interest or in the interest of the safety and security of such place or class of places that special precautions should be taken to prevent the entry of unauthorised persons, the State Government may by order declare that place, or, as the case may be, every place of that class to be a protected place; and thereupon, for so long as the order is in force, such place or every place of such class, as the case may be, shall be a protected place for the purposes of this Act.
(2) No person shall, without the permission of the State Government or of any person in authority connected with the protected place duly authorised by the State Government in this behalf or of the District Magistrate or of the Sub-Divisional Magistrate having jurisdiction, enter, or be on or in, or pass over, any protected place and no person shall loiter in the vicinity of any such place.
(3) Where in pursuance of sub-section (2) any person is granted permission to enter, or to be on or in, or to pass over, a protected place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the authority which granted the permission.
(4) Any police officer, or any other person authorised in this behalf by the State Government, may search any person 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 contravenes any provision of this section, then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any police officer or by any other person authorised in this behalf by the State Government.
(6) If any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.