S.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.

S.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,
       
  &nb

S.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.
       

S.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.

S.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.
       

S.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

S.7 Forcing or evading a guard

       Any person who effects or attemps to effect entry into a protected place,
       (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.

S.8 Sabotage

       (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), aerial ropeway (as defined in the Bengal Aerial Ropeways 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 thereon or any telegrap

S.9 Penalty for subversive acts

If any person commits any subversive act, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine, or with both.

S.10 Punishment for carrying or possessing any corrosive substance

       Any person who carries on his person or knowingly has in his possession or under his control any arms, ammunition or military stores as defined in the Arms Act, 1959. or explosive substances as defined in the Explosive Substances Act, 1908, or corrosive substance, under such 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.
       

S.11 Definition of looting

       Whoever commits dacoity, robbery, theft, or theft in a building, vessel or vehicle or criminal misappropriation, if the commission of such 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 co

S.12 Definition of raiding

       Whoever commits mischief by fire or any explosive substance on any property of Government or any local authority or of any corporation owned or controlled by Government or of any educational establishment is said to commit the offence of raiding. Explanation. In this section, "mischief has the meaning assigned to it in section 425 of the Indian Penal Code.
       

S.13 Use of force to stop looting or raiding

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.

S.14 Amendment of the Code of Criminal Procedure, 1898

       In the Code of Criminal Procedure, 1898,
       (a) in sections 127 and 128 for the words "officer in charge of a police station", the words "any police officer above the rank 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 life", 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.
 &n

S.15 Power to arrest without warrant

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any police officer may, without an order from a Magistrate and without a warrant, arrest any person who is reasonably suspected of having committed any offence under this Act.

S.16 Requisitioning of property

       (1) If, in the opinion of the State Government, it is necessary or 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 immovable, 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.
       
       (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 determ

S.17 Publication and service of notices

       (1) Save as otherwise expressly provided in this Act, every authority, officer or person who makes any order in writing in pursuance of any provision thereof shall publish or serve or cause to be served notice 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.
       
       (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 pr

S.18 Attempts, etc. to contravene the provisions of the Act

Any person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contravention of, any of the provisions of this Act or any order made thereunder shall be deemed to have contravened that provision or, as the case may be, that order.

S.19 Special provision for searches

       (1) In any area in which the State Government, as a consequence of apprehended danger to the public in such area, notifies in the Official 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 purpose of ascertaining whether such person is carrying, in contravention 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 discovered 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.
       

S.20 Cognizance of contravention of the provisions of the Act or orders made thereunder.

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

S.21 Saving as to orders

       (1) No order made in exercise of any power conferred by or under 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 shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.

S.22 Protection of action taken under the Act

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

S.23 Delegation of powers and duties of the State Government

       The State Government may, by notified order, direct that any power or duty which is conferred or imposed by any provision of this Act upon the State Government shall, in such circumstances and under such 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 Acquistion Collector, and elsewhere, also by District Magistrate, and Additional District Magistrate or a Special Land Acquisition Officer.
       Explanation. In this section "Calcutta" has the same meaning as in subsection (2) of section 19.

S.24 Power to make rules

       (1) The State Government may, by notification, make rules for 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.

S.25 Repeal and savings

       (1) The West Bengal Maintenance of Public Order Ordinance, 1972, is hereby repealed.
       
       (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.