West Bengal Security Act, 1950
No: 19 Dated: Mar, 31 1950
THE WEST BENGAL SECURITY ACT, 1950
West Bengal Act XIX of 1950
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 hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title, extent, commencement and duration. - (1) This Act may be called the West Bengal Security Act, 1950.
(2) It extends to the whole of West Bengal.
(3) It shall be deemed to have come into force on the 26th day of January, 1950.
(4) It shall remain in force until the 25th day of January, 1966.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context, -
(1) "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;
(2) "goonda" has the same meaning as in the Goondas 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 commission of, a subversive act as defined in clause (9);
(5) "prescribed" means prescribed by any order or rule made under this Act;
(6) "protected place" means a place declared under section 6 to be a protected place;
(7) "protected area" means an area declared under section 7 to be a protected area;
(8) "public servant" includes any public servant as defined in the Indian Penal Code and any servant of any local authority or railway administration 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;
(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 acquisition, possession or use or -
(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 disapprobation of the policy or measures of the Government 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 furtherance of an industrial dispute for the purposes of sub-clause (e).
(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 necessary for the procurement, supply and distribution of such commodity for the purposes of subclause (e).
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.
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 Preventive Detention Act, 1950 for dealing with such activities.