Amendment status not verified — confirm the current text below against the official source.
(Z) Save as otherwise 'expressly provided in this Ac, 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 bepescribed by rules made by the Provincial Government. " (gy Where this ct empowers an authority, officer or person to take action by noti£.ed order, the provisions of sub- section (Z) shall not apply in relation to such order. (3) I in the course of any judicial proceedings, a question · arises whether a person was duly informed of an order made in pursuance o:£ any provision of this Act, t.ompliance with sub-section (/), or in a case, to which sub-section (2) applies, tb.e notification of the order, shall be conclusive proof that he was so informed, but a failure to comply with sub-section (Z)- ,, . . (i) shall not preclude proof by other means that he had information o:£ the order; and (ii) shall not affect the validity of the order. (4) Any police-officer, and any other person authorised by the Provincial Government in this behalf may, for any pur- pose connected with the prevention or suppression of subversive acts or with maintaining supplies and services essential to the life of the community or for carrying out the provisions of this Act affix any notice to, or cat1Se any notice. to be dis- played on, any premises, vehicle or vessel, and. may for the purpose of exercising the power conferred by this section enter any premises, vehicle or vessel at any time. . • (5) Any person authorised by the Provincial Government' in this behalf may, for any purpose mentioned in sub-section (4), by order direct the owner or other person in possession or control of any premises, vehicle or vessel to display any notice on, or in, the premises, vehicle or vessel in such manner as may be specifed in the order. whether, and, if so, in what manner,. an order under this· section should be made in relation to such premises or pro- perty, or with a view to securing compliance with any order made under this section. · <;;i . (12) I£ any person contravenes any order made under this. section he shall be punishable with imprisonment for a term which may extend- to three years, o, with fine or with both. west Ben. Act (Chaten IV.-Miscellaneous Provisions.Chapter V- Supplementary and, Procedural.Sections.26,·.) 14 Attempts, etc., to contra- vene the provisions of the Act. Publics- tion - and service of notices. . \ I I I I I \ ; I l j I XIX of (Substituted ond inserled by West Bengal Aot 1948, section 12.) . [No. 43, <1,ate'd the 5th June, 1949-] Page 15- In section. 30,- (J) in the pro,riso tQ sub-section (2), for the words , "fifteen · days" substitute the ;vmds ."\hirlY aays"·and ' \. (ff/ in sub-section (3), after the ;vords "in addition to makin.B: such order •• m•Y ,ppeas" ins.,,-0 the d'to the Provincial Governmen'> I Page 15 In section 28,- ) after sub-section (1), insert the foll6in ,3. \ section, namely:- V\'¼i.J ·Any Police oi/foer, authorised in this behalf by . general or special order 3p£ a , Deputy Commis- - .sioner of Police in Calcutta and the Supenin , tendent of Police elsewhere, may enter and searcb. any place, vessel, veb.icle, aircraft or animal and, for tb.at purpose, ·stop any vessel, vehicle, aircraft or animal and may seize an, commodity, article or tb.ing (including• any vessel, veb.icle, aircraft or animal) wb.icb., he_ has reason to believe, has been, is being or is about • to he, used in _contravening any order made under sub-section (1) of sectiqn 15.A. or for doing any otb.er subversive act. · 64 . .. Emplanation.-Tu this sub-section 'Calcutta' 'has the -same meaning as iu ··section 13 ;"; and (2) -for sub-section (2); substitute the following . sub- section, namely:- .· · \..(2) ything seized under sub-section ) ±an 1 conveyed, and any commodity, article' or thing (including any vessel, vehicle; , aircra,ft or animal) seized under sub-section (IA) shall be reported, without delay before a Magis-. trate who may give such directions as to the temporary custody thereof ·as he may think ·· fit, so, however, that where no prosepution in respect thereof .is instituted within a -period in a his opinion reasonable, the Magistrate · may, subject to the provisions of· any other- -law for the time being in force, give such orders as to the :final -disposal thereof as he deems expedient.'» (lnserted and substituted by West Bengal Act XIX of 1948, section 11.) [No. 43, dated the 5th June, 1949.] lf~ . ·•·~ . . . · ·, :,q . ',·,, I r t Special provision for searches. General .power of arrest without warrant. 15 The West Bengal Secrity Act, 1948. Ill of 1948.] - (Chapter ].Supplementary and Procedural. . Sections 2830.) ' . · 28. (1) In any area in which the Provincial Govern- ment, as a-consequence of apprehended danger to the public in such area, notifies in the Official Gazette in this behalf, any police-officer iay in any road, street, alley, public place, or open space, stop and search any person in su_ch area for the purpose of ascertaining whether such person is carry- ing, 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 wih 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. \'. .'4'a (2) Anything seized under sub-section (1) shall be con- eyed without delay before a Magistrate who may give such directions as to its temporary custody as he may think fit, so however that, where no prosecution in respect of the posses- sion of such thing is instituted within a period in his opinion reasonable, the Magistrate may, subject to the provisions of any other law for the time being in force, give such orders as to the :final disposal o~ such thing as he deems expedient.