GOVERNMENT OF WEST BENGAL

LEGISLATIVE DEPARTMENT

West Bengal Act IX of 1972

THE WEST BENGAL MAINTENANCE OF PUBLIC
ORDER ACT, 1972.

[Passed by the West Bengal Legislature.]

[Assent of the President was first published in the Calcutta Gazette,

Extraordinary, of the 4th May, 1972.]

[4th May, 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 andfor 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 in the Twenty-third Year of the Republic of
India, by the Legislature of West Bengal, as follows :—

CHAPTER I
Preliminary

1. (1) This Act may be called the West Bengal Maintenance of Short title
Public Order Act, 1972. and extent.

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

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

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 The West Bengal Maintenance of Public Order Act, 1972.
[West Ben. Act

(Chapter I.—Preliminary.—Sections 3, 4.)

(it) 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
repectively 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 45 of 1860.
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,posse-
ssion or use of—
(a) arms, ammunition or military stores as defined in the
Arms Act, 1959; 54 of 1959
(b) explosive substances as defined in the Explosive
6 of 1908.
Substances Act, 1908, or corrosive substances;
(iiz) to commit an offence of looting or raiding under this Act
or to further or help the commission thereof.
Effect of the 3. The provisions of this Act and of any orders made thereunder
provisions of shall have effect notwithstanding anything inconsistent therewith con-
the Act when
inconsistent tained in, any other law for the time being in force or in any instrument
with other having effect by virtue of any such law.
law.

Saving. 4. 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.

52
 The West Bengal Maintenance of Public Order Act, 1972.
IX of 1972.]
(Chapter L—Preliminary.—Section 5.—Chapter 11.—Access to
certain places.—Section 6.)
5. If any person to whom any provision of this Act relates or to whom Non-com-
any order made in pursuance of any such provision is addressed or relates pliance with
the provisions
or who is in occupation, possession or control of any land, building, of the Act or
vehicle, vessel or other thing to which such provision relates, or in respect any orders
of which such order is made, fails without lawful authority or excuse, made there-
under.
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 provi-
sion or order.

CHAPTER II
Access to certain places
6. (1) If as respects any place or class of places the State Govemment Protected
places.
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 sectibn, 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.

53
 The West Bengal Maintenance of Public Order Act, 1972.
[West Ben. Act

(Chapter 11.—Access to certain places.—Section 7.—Chapter-111.—

Prevention of subversive acts.—Section 8.)

(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.
Forcing or 7. Any person who effects or attemps to effect entry into a protected
evading a
place,—
guard.
(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
(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.

CHAPTER III
Prevention of subversive acts
Sabotage. 8. (1) No person shall do any act with intent to injuriously affect,
whether by impairing the efficiency or impeding the working of anything
or in any other manner whatsoever, or to cause destruction of or damage
to,—
(a) any building, vehicle, machinery, apparatus or other property
used or intended to be used, for the purpose of Government
or any local authority or any Corporation owned or controlled
by Government;
(b) any railway (as defined in the Indian Railways Act, 1890), 9 of 1890.
Ben. Act VII
aerial ropeway (as defined in the Bengal Aerial Ropeways of 1923.
Act, 1923), tramway, road, canal, canal embankments,
protective bunds, sluice-gates, lockgates, bridge, culvert,
causeway, port, dockyard, lighthouse, aerodrome (as defined
in the Aircraft Act, 1934), air-field, air-strip or any installation 22 of 1934.
theron or any telegraph line or post (as defined in the Indian 13 of 1885.
Telegraph Act, 1885) ;
(c) any rolling stock of a railway or tramway or any vehicle of a
State or private transport service or any vessel or aircraft ;
(d) any building or other property used in connection with the
production, distribution or supply of any essential commo-
dity or maintenance, of any essential service, any sewage
works, mine or factory ;
(e) any prohibited place as defined in sub-section (7) of section 2
of the Official Secrets Act, 1923: 19 of 1923.

54
 The West Bengal Maintenance of Public Order Act, 1972.
IX of 1972.1
(Chapter 111.—Prevention of subversive acts.—Section 9.—Chapter IV.—
Public Safety and Order.—Sections 10-12.)

(2) The provisions of sub-section (1) shall apply in relation to any

omission on the part of a person to do anything which he is under a duty
imposed on him by any law or an order of any competent authority to do,
as they apply to the doing of any act by a person.
(3) If any person contravenes any of the provisions of this section, he
shall be punishable with imprisonment for a term which may extend to
seven years, or with fine, or with both.
9. If any person commits any subversive act, he shall be punishable Penalty for
subversive
with imprisonment for a term which may extend to ten years, or with fine, acts.
or with both.

CHAPTER IV
Public Safety and Order
54 of 1959. 10. Any person who carries on his person or knowingly has in his Punishment
6 of 1908. possession or under his control any arms, ammunition or military stores oforr3osny
se
sing
as defined in the Arms Act, 1959, or explosive substances as defined in any corrosive
the Explosive Substances Act, 1908, or corrosive substance, under such substance.
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 carrying 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. Whoever commits dacoity, robbery, theft, or theft in a building, Definition of
vessel or vehicle or criminal misappropriation, if the commission of such 1°°ting•
offence takes place,—
(a) during a riot or any disturbance of the public peace at or in the
neighbourhood 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 law and order has been completely
restored in such area, or
(c) in such circumstances 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. Whoever commits mischief by fire or any explosive substance on Definition of
any pioperty of Government or any local authority or of any corporation raiding.

55
 The West Bengal Maintenance of Public Order Act, 1972.
[West Ben. Act
(Chapter 1V.—Public Safety and Orden—Sections 13-15.—Chapter
V.—Miscellaneous Provisions.—Section 16.)
owned or controlled by Government or of any educational establishment
45 of 1860.
is said to commit the offence of raiding.
Use of force Explanation.—In this section, "mischief' has the meaning assigned to
to stop it in section 425 of the Indian Penal Code.
looting or
raiding. 13. Any police officer may use such force as may be necessary in
order to stop the commission of the offence of looting or raiding within
his view.
Amendment 14. In the Code of Criminal Procedure, 1898,— 5 of 1898.
of the Code
of Criminal (a) In sections 127 and 128 for the words "officer in charge of a
Procedure, police-station", the words "any police officer above the rank
1898.
of Assistant Sub-Inspector of Police" shall be substituted ;
(b) in section 497,in sub-section (1), for the portion beginning with
"if there appear reasonable grounds" and ending with
"imprisonment for fife", the words "unless the prosecution
has been given a reasonable opportunity to oppose the
application for such release, and where such application is
opposed by the prosecution, unless the Court is satisfied that
there are reasonable grounds for believing that he is not
guilty of any offence punishable with death or imprisonment
for life or imprisonment for a term of seven years or more"
shall be substituted.
Power to 15. Notwithstanding anything contained in the Code of Criminal
arrest without procedure, 1898, any police officer may, without an order from a
warrant.
Magistrate and without a warrant, arrest any person who is reasonably
suspected of having committed any offence under this Act.

CHAPTER V

Miscellaneous Provisions

Requisitioning 16. (1) If, in the opinion of the State Government, it is necessary or
or PrWertY- expedient so to do for preventing or suppressing subversive acts or for
maintaining supplies and services essential to the life of the community,
it may by order in writing requisition any property, movable or immo-
vable, and may make such further orders as appear to it to be necessary
or expedient in connection with the requisitioning.
(2) The State Government may use or deal with any property
requisitioned under sub-section (1) in such manner as may appear to it
to be expedient.
 The West Bengal Maintenance of Public Order Act, 1972..
IX of 1972.]
(Chapter V.—Miscellaneous Provisions .—Section 16.)

(3) The State Government shall pay compensation for any property
requisitioned by it under sub-section (1), and the principles according to
which and the manner in which such compensation is to be determined and
given shall be as follows :—
(a) where the amount of compensation can be fixed by agree-
ment, it shall be paid within three months in accordance with
such agreement ;
(b) where no such agreement can be reached, the amount of
compensation shall be such as an arbitrator appointed in this
behalf by the State Government may award :
Provided that in the case of immovable property, the arbitrator shall
be a District Judge or an Additional District Judge ;
(c) in awarding the amount of compensation, the arbitrator shall
have regard to the pecuniary loss attributable to the requisition
and to any other circumstances which he considers to be just
and proper ;
(d) in the case of immovable property, the State Government may,
in any particular case, nominate a person having expert
knowledge as to the nature of the property requisitioned to
assist the arbitrator and where such nomination is made,
the person to be compensated may also nominate another
person for the said purpose ;
(e) an appeal shall lie to the High Court against an award of the
arbitrator except in cases where the amount of compensation
awarded does not exceed five thousand rupees in lump or in
the case of an amount payable periodically, two hundred and
fifty rupees per mensem;
(f) in the case of movable property, where, immediately before the
requisition, the property was by virtue of a hire-purchase
agreement in the possession of a person other than the owner,
the total compensation payable in respect of the requisition
shall be apportioned between that person and the owner and
in default of agreement, in such manner as the arbitrator
referred to in clause (b) may decide to be just and proper ;
(g) the amount awarded as compensation by the arbitrator or
ordered to be paid by the High Court on appeal in cases
coming under clause (e) shall be paid within three months of
the date of the award or order made by the arbitrator or the
High Court ;

57
 The West Bengal Maintenance of Public Order Act, 1972.
[West Ben. Act
(Chapter V.—Miscellaneous Provisions.—Section 16.)
(h) save as provided in this sub-section and in any rules made under,
section 24, nothing in any other law for the time being in force
shall apply to an arbitration under this sub-section.
(4) Where any immovable property requisitioned under sub-section
(1) is to be released from requisition, the State Government may, after
making such inquiry, if any, as it considers necessary, specify by order in
writing the person who appears to the State Government to be entitled to
the possession to such property.
(5) The delivery of possession of the immovable property requisitioned
under sub-section (1) to the person specified in an order made under
sub-section (4) shall be a full discharge of the State Government from all
liability in respect of such delivery, but shall not prejudice any rights in
respect of such property which any other person may be entitled by due
process of law to enforce against the person to whom possession of such
property is so delivered.
(6) Where the person to whom possession of any immovable property
requisitioned under sub-section (1) is to be given cannot be found or is not
readily ascertainable or has no agent or other person empowered to accept
delivery on his behalf, the State Government shall cause a notice declaring
that such property is released from requisition to be affixed on some
conspicuous part of such property and publish the notice in the Official
Gazette.
(7) When a notice referred to in sub-section (6) is published in the
Official Gazette, the immovable property specified in such notice shall
cease to be subject to requisition on and from the date of such publication
and be deemed to have been delivered to the person entitled to the
posSession thereof ; and the State Government shall not be liable for any
compensation or other claim in respect of such property for any period
after the said date.
(8) (a) Where any immovable property requisitioned under sub-
section (1) is released from requisition, compensation shall also be paid
in respect of any damage done during the period of requisition to such
property other than what may have been sustained by normal wear and tear
or by natural causes.
(b) When the amount of such compensation can be fixed by agreement,
it shall be paid in accordance with such agreement ; where no such
agreement can be reached, the matter shall be referred to an arbitrator and
thereupon the provisions of sub-section (3) which are applicable to
immovable property shall, as far as may be, apply.
(9) The State Government may, with a view to requisitioning any
property under sub-section (1), by order,-

58
 The West Bengal Maintenance of Public Order Act, 1972.
IX of 1972.]
(Chapter V.-Miscellaneous Provisions.-Section 17.)
(a) require any person to furnish to such authority as may be
specified in the order such information in his possession
relating to the property as may be so specified ;
(b) direct that the owner, occupier or person in possession of the
property shall not without the permission of the State
Government dispose of it or where the property is a building,
structurally alter it or where the property is movable, remove
it from the premises in which it is kept till the expiry of such
reasonable period as may be specified in the order.
(10) (a) The State Government may, within thirty days from the date
on which possession of any property, requisitioned under sub-section (1),
is taken by it, by order in writing, require the owner of such property to
execute such repairs therein as may be necessary to restore such property
to the same condition in which it was immediately before the date on
which the order under sub-section (1) was made.
(b) If the owner fails to execute or complete such repairs within the
time specified, the State Government may cause such repairs to be
executed or completed and the cost thereof shall be recoverable from the
owner as if it were an arrear of land revenue.
(c) The State Government may, without prejudice to any other mode
of recovery, deduct the cost referred to in clause (b) or any part thereof
from the compensation payable to the owner under sub-section (3).
(11) Without prejudice to any powers otherwise conferred by this
Act, any person authorised in this behalf by the State Government
may enter any premises between sunrise and sunset and inspect such
premises and any property therein or thereon for the purpose of deter-
mining whether, and , if so, in what manner, an order under this section
should be made in relation to such permises or property, or with a view to
securing compliance with any order made under this section.
(12)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.
17. (1) Save as otherwise expressly provided in this Act, every publication
authority, officer or person who makes any order in writing in pursuance and service of
of any provision thereof shall publish or serve or cause to be served notice 'tic'
of such order in such manner as may be provided in rules made in this
behalf.
(2) Where this Act empowers an authority, officer or person to take
action by notified order, the provisions of sub-section (1) shall not apply
in relation to such order.

59
 The West Bengal Maintenance of Public Order Act, 1972.
[West Ben. Act

(Chapter VI.- Supplementary and Procedural.-Sections 18, 19.)

(3) If in the course of any judicial proceedings, a question arises

whether a person was duly informed of an order made in pursuance of any
provision of this Act, compliance with sub-section (1), or in a case to
which sub-section (2) applies, the notification of the order, shall be
conclusive proof that he was so informed, but a failure to comply with sub-
section (1)—
(i) shall not preclude proof by other means that he had information
of the order ; and
(ii) shall not affect the validity of the order.

CHAPTER VI
Supplementary and Procedural

Attempts, 18. Any person who attempts to contravene, or abets, or attempts to

etc., to abet, or does any act preparatory to, a contravention of, any of the
contravene
the provisions Provisions of this Act or of any order made thereunder shall be deemed to
of the Act. have contravened that provision or, as the case may be, that order.
Special 19. (1) In any area in which the State Government, as a consequence
provision for of apprehended danger to the public in such area, notifies in the Official
searches.
Gazette in this behalf, any police officer may in any road, street, alley,
public place, or open space, stop and search any person in such area for the
pufpose of ascertaining whether such person is carrying, in contraven-
tion of any law for the time being in force, any explosive or corrosive
substance or liquid or any weapon of offence or any article which may be
used as a weapon of offence and may seize any such substance or liquid
together with its container, if any, or any such weapon or article dis-
covered during such search :
Provided that every such search shall be made with due regard to
decency and that no _woman shall be searched except by a woman.
(2) Any police officer authorised in this behalf by general or special
order of a Deputy Commissioner of Police in Calcutta and the Superin-
tendent of Police elsewhere, may enter and search any place, vessel,
vehicle, aircraft or animal and, for that purpose, stop any vessel,
vehicle, aircraft or animal and may seize any commodity, article or thing
(including any vessel, vehicle, aircraft or animal) which, he has reason to
believe, has been, is being or is about to be, used for committing any
subversive act.
Explanation.-In this sub-section "Calcutta" means the town of Ben. Act IV
Calcutta as defined in section 3 of the Calcutta Police Act, 1866, together of 1866.

60
 The West Bengal Maintenance of Public Order Act, 1972.
IX of 1972.]
(Chapter V1.—Supplementary and Procedural.—Seetions 20, 21)
Ben. Act II with the suburbs of Calcutta as defined by notification under section 1 of
of 1866.
the Calcutta Suburban Police Act, 1866.
(3) Anything seized under sub-section (1) shall be conveyed and any
commodity, article or thing (including any vessel, vehicle, aircraft or
animal) seized under sub-section (2) shall be reported, without delay
before a Magistrate who may give such directions as to the temporary
custody thereof as he may think fit, so, however, that where no prose-
cution in respect thereof is instituted within a period, in his opinion,
reasonable, the Magistrate may, subject to the provision of any other law
for the time being in force, give such orders as to the final disposal thereof
as he deems expedient.

20. (1) No Court shall take cognizance of any alleged contravention Cognizance
of contra-
of the provisions of this Act or of any order made thereunder, except vention of the
on a report in writing of the facts constituting such contravention, made provisions of
by a public servant duly authorised by the State Government in this the Act or
orders made
behalf. thereunder.

(2) Proceedings in respect of a contravention of the provisions of this

Act alleged to have been committed by any person may be taken before
the appropriate Court having Jurisdiction in the place where that person
is for the time being.
5 of 1898. (3) Notwithstanding anything contained in Schedule II to the Code of
Criminal Procedure, 1898, a contravention of the provisions of section 8
shall be triable by a Court of Session, a Presidency Magistrate or a
Magistrate of the first class.
(4) Any Magistrate or bench of Magistrates empowered for the time
being to try in a summary way the offences specified in sub-section (1) of
section 260 of the Code of Criminal Procedure, 1898, may, if such
Magistrate or bench of Magistrates thinks fit, on application in thiSbehalf
being made by the prosecution, try a contravention of such provision of
this Act or any order made thereunder as the State Government may, by
notified order, specify in this behalf in accordance with the provisions
contained in sections 262 to 265 of the said Code.

21. (1) No order made in exercise of any power conferred by or under Saving as to
orders.
this Act shall be called in question in any civil or criminal Court.
(2) Where any order purports to have been made and signed by any
authority in exercise of any power conferred by or under this Act, a Court
I of 1872. shall, within the meaning of the Indian Evidence Act, 1872, presume that
such order was so made by that authority.
61
 The West Bengal Maintenance of Public Order Act, 1972.
[West Ben. Act IX of 1972.]

(Chapter VI.—Supplementary and Procedural.—Sections 22-25 .)

Protection of 22. No suit, prosecution or other legal proceeding shall lie against
action taken Government or any person for anything which is in good faith done or
under the
Act, intended to be done in pursuance of this Act or any order made thereunder.

Delegation of 23. The State Government may, by notified order, direct that any
powers and power or duty which is conferred or imposed by any provision of this Act
duties of the
State upon the State Government shall,in such circumstances and under such
Government. conditions, if any, as may be specified in the direction, be exercised or
discharged in Calcutta, also by the Commissioner of Police, the First Land
Acquisition Collector or the Second Land Acquisition Collector, and
elsewhere, also by the District Magistrate, and Additional District
Magistrate or a Special Land Acquisition Officer.

Explanation.—In this section "Calcutta" has the same meaning as in

sub-section (2) of section 19.

Power to 24. (1) The State Government may, by notification, make 'rules for
make rules. carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for the manner of publication
and service of notices referred to in sub-section (1) of section 17.

Repeal and 25. (1) The West Bengal Maintenance of Public Order Ordinance, West Ben.
savings. Ord. VIII of
1972, is hereby repealed. 1972.

(2) Anything done or any action taken under the West Bengal
Maintenance of Public Order Ordinance, 1972, shall be deemed to have
been validly done or taken under this Act as if this Act had commenced
on the 30th day of November, 1970.

62