Amendment status not verified — confirm the current text below against the official source.
to leave any area or place in accordance. with the require- ments of such an order then, without prejudice to the provi- sions of sub-section (6), he may be removed from such area or place by any . police-officer or by any person acting on •· behalf of the Provincial Government. (4) So long as such an order as aforesaid in respect of any person directing that he be detained, is in force, he shall be liable to be removed to and detained in such place and under such conclitions, which may include conditions as to maintenance, discipline or punishment for offences and breaches of discipline, as the Provincial Government may from time to time by general or special order specify. (5) If the Provincial Government has reason to believe that a person in respeet of whom such an order as aforesaid has been made directing that he be detained has absconded or is concealing himself so that the order cannot be executed, it may- (a) make a report in writing of the fact to a Presidency . Magistrate or a Magistrate of the :first class having· •·• ; · jurisdiction in the place where the said person ordi- 3 narily resides; and thereupon the provisions of sec- . _#"1 tions 87, 88 and 89 of the Code of Criminal Proce- Actv 4 dure, '1898, shall apply in respect of the said person of 189&. ~- and his property as if the order directing that he be detained were a warrant issued . by the Magis- trate; (b) by notified order direct the said person to appear before such officer, at such ·place, arid within such period as may be specified in the order; and if the said person fails to comply with such direction he· shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with-imaprisonment-for-atermwhich.ray extend to--one gear, or withfine, or-with-both. .(6) If any person contravenes any order made under-this section, ..other than-an-or:deg-of---the nature referred--#oeein clause(b) of sub-section 5), he shall be punishable with 1mpnsonment for a term which may extend to three years,. or with fine, or with both. • . 4 ..- • .f" - 1'L -Sa"\l"e, as hereinafter in this secti '8\- otherwise provided, an order made under section I6 shaw!be in force for such period<got exceeding three month&f +as may be specified in the order or for the period sul5sequent to the· date of issue of such· . rder cluri::..-g which this Act continues' in operation, whicheve is less, unless earlier cancelled by the authority making the order: «Provided that the Provin 'al Government may, if and so- often as it thinks fit, before the date on which under this. section any such order would otlexise have ceased to be in :force, place before a Judge of the Hlgh--Oourt in Calcutta,. the grounds on which the order is made, the representation, / -- Page 9- } dtter section 18, insert the following section,a±#61._ · y...''JllA. Whoever howng or lia~ng !'C"8.on A;o. •!!>!"\eve that an order directing ' anyperson..4,, ."ie-...,~ i,,,. be detained h.a, 'beeµ llla/lf:"'1.,i€,' Prig or cocoeate. clause (a) of sub-section_(2 •""•n•;=1arad to bo section 16 harbour, . ·or :Conceal, ,fillcJ, dotau,oa_. •'Person. · filial] %e ·J>fui:i>'J,Oq • 'With · iinp:dsomnent ..- for -a ierm 'wltich \ 1nay ~end lo iwo year, and ah.a]] also be liable to a Jme wh.icJ, may extend t one thousand n,pees. l!JxpZana,ion.-rn this ,Oction, the Word 'harbour' includes the supplying .a Parson with ah.e!ter, food, drink, ruoney, clothe,, anns, aruruunitinu or means of conveyance, or the assisting a person_ by any rueau,, w.he&er of the same fillld asJ,;,,. · inbefore ei,umerated or -not, to •evade "\Ppreiieu- · . ,, \__ . 810n.. -..- . . . · · - '(inserted, by W,,,'. Bengal Aot X.IJ; of 'W,18, seotirn_il.) [No. 43, dated the 5tli 'June, 1949.j ~ . t I ~ . .. --.. 7" [No48, datea tie 6ti 7ne,go,7•. - ··--·., . ··- . , Provided that- (a) the Provincial Government may, if a.nd ·so often as it thinks ft, ) in the case of an orderunder clause (a) of the .said sub-section, place before a Judge of the High Court in Caloutta the grounds on which the order is made, the representations, if any, made under section 18 by the person affected thereby, and such further materials as the Provincial Government may think :fit, subject to the following condition, that is to say, the person affected by the order shall - not be entitled to be defended or represented by any ·lawyer or other person before . the Judge, and, in accordance with the decision of the Judge thereon,- the Provincial Government shall issue an' order for the release ofthe person or for an extension of the period or' his deten- tion by such period or periods as may be determined by the Judge, and (ii) in any other case, issue, after considering all the circumstances of the case, a fresh order to the same effect and subject to the same . limitations as to duration as in the :first instance; (b) notwithstanding anything hereinbefore contained. it shall be lawful £or the Provincial Government to release at any time, if it so thinks :fit any person in respect of whom an order under sub- clause (i) of clause (a) has been made."~ \--.. (Substituted by West Bengal Act XIX of 1948, section 7.) [Yo. 43, dated the 6th June, 1949.7 vv««vu. au1 a UUuulavculut uz vlut uzutu 1u Luu uL tut vehicle or apparatus seized within a period which is in the op11on of the Magistrate reasonable, he shall direct its return to the person from whom it was' seized. Pages 8, 9- i·. (Chapter'III.MPblic Safety and Order.Sections 18, 19.) 'I ( I ol -" rs, s, 9 said Act, substitute the following . . . . The Wei Bengal Security Act, 1948. , HI 0f 1948.] hereinafter in this section otherwise provided, an order made under Duration of orders sub-section (1) of section 16 shall made under section 16(1). be in force for such period not . exceeding nine months, as may be specified in the order or for the period subsequent to the date of issue of such order during which this Act continues in operation, whichever is less, unless earlier cancelled by the authority making the order: For section 17 of the section, namely:- '\ ,-. "17. Save as J t . 62 (3) in sub-section (6), omit the words, :figure, letter · and brackets "+other than an order of the nature referred to in eiause (b) of sub-section (5)"., (Omitted and substituted by West Bengal Act ![IX of 1948, section 6.) . [No.- 43, dated the 5th June, 1949.J \ A 9 Grounds ? of order · of deten- :.: tion to be- disclosed - to person affected by the order, Control ofuse · of loud, ·· speakers,. mega- · · phones,' etc. The West BenilSecurit Act, 1948. of 1948.] { (Chapter' III.±Pt Safety and Order.-Sections 18, 19.j if any, made under section 18 by the person a:ffecteci thereby and such further materials as the Provincial Government may think ft and the Provincial Government shall, in accordance with the decision of the Judge thereon, issue an order of · release or a fresb\order of detention for such period not exceeding nine months as may be determined by the Judge: . _Piovided also ihatbte person, affected by lie order s±an not- be entitled to be defended or represented .by any lawyer ·or«other person before the Judge: Provided further that the 'Provincial Govert±net ,n ~ .'> -'-flhe at liberty to release any .sh person at, any time notwith- standing any provision hereinbefore contained. r J