THE PUNJAB SECURITY OF THE STATE ACT, 1953

1983: PD. Act XT) SECURITY OF STATE 935 THE PUNJAB SECURITY OF THE STATE ACT, 1953 TABLE OF CONTENTS Short title, extent and commencement, Sabotage. Quasi-Military organizations, Power to prohibit drilling. Wearing ox display of uniforms, flag, etc. Power to prohibit meetings and processions. Power to restrict movements of persons, Possession or conveyance of prescribed documents. Dissemination of rumours, etc. Imposition of collective fines in dangerously disturbed areas. Powers of search. Offences under the Act to be cognizable and non-bailable. Protection of action taken under this Act. Repeal and savings. The Schedule. © Scanned with OKEN Scanner — 1953 : Pb. Act XII] SEURITY OF STATE 957 “THE PUNJAB SECURITY 0 SOS ee Punjab Act No. XII of 1953. 16th April, 1953. [Received the asset of the Governor Puni 7 16th Ape 1953, and was yd Fublished tn e Punja overnment Gazette Ext of the 16th April, 1953 (Extraordinary) _—_—_ e—nn 1 2 3 4 —|_ _ — —_— -_ No. Year Short title Whether repealed by later legislation xu | 1953 | The Punjab Security Amended by Punjab Act No. 6 of of the State Act, 1953 1942 Extended to the territories which immediately before the 1st November, 1956, were com rised in the State of Patiala and East Punjab States ae by Punjab Act No. 18 of 1958. Amended by the Punjab Reorga- nisation (Chandigarh) (Adaptation f Laws on State and Concurrent 0 Subjects) order, 1 68 An Act to provide for special measures tO prevent ity of the State or the activities prejudicial to the secur! maintenance of P — a ublic order. It is hereby enacted as follows :— 1, (1) This Act may be:called the Punjab Security short title, of the State Act, 1953. exten cement overnment Gazette s, see Punjab G h Assembly, son zedings in the ‘Ror Statement of Objects and Rea (Extraordinary), dated 19th vierch, 1951, Pabe 336 + for prof Punjab Legislative Asscm ly Debates, 1953. ons, see punjab Govern y, 1954. ns, seé punpyob Gov ernment Gazette ( ment Gazette (Bxtra- *Ror Siatement of Objects and Reas O-dinary), 1954, datod the 15th Februar *For Statemoat of Ovjects ‘ fateim> tsan d Reaso otdinary), 1958, Mo OS K. Extra- © Scanned with OKEN Scanner 958 SECURITY OF STATE [1953: Pp, Act Xi (2) It extends to the whole of the Union territory of Chandigarh]. (3) It shall come into force at once. Sabotage. 2. (1) No person shall do any act wit h intent to impede the working of, or to cau se damage to,— (a) any building, vehicle, vessel, machinery ap- paratus, or other Property used, or ‘Intended. to be used, for the purposes of Government Or any loca] authority ; | (b) any railway, tramway, road, canal, bridge, culvert, causeway, aerodrome, telegraph, telegraph line or teleg raph post ; (c) any rolling stock of a railway or tramway of any aircraft ; tion with any ind ustry, business or establish ment of th © nature specified in the Schedule. (2) The Provisions of i S ly in 2 ub-section (1) shall apply a (0 any omission on the part of , person to do mre Which he ~ under a duty, either to the Gove an th oF to any public authority or to any person, to a0; °Y apply to the doing of any act by a person. Sy eetSOn approaches or is in the neighbour Hood of “DY such building, place or property as 1s i reasonabl sub-section (1) in circumstances which af an travene thar 7 ds for believing that he batends to at UD-section, he 3 to have ¢ tempted a contraventie Shall be deemed N thereof. (4) If any Person contr punish? one . Visions of this section, he shall “tend to two year Prisonment for a term which ats or with fine, or with both. Explanat; ave contrays Person shall be deemed to ned t “vened or attempted to have contravé ——" a i tio’ marh\ Adopted BS wordsrguas nist , i eorgan ns Laws on Stare overoment’ by the Puniab Reot a © Scanned with OKEN Scanner the provisions of this section if he he provisions of heranee of or oma do any eel in Pee of, a strike which is not illega! un er any law for the ti in force. | he time being 3. (1 No person shall take part in the organisation, Qusimilitary anagement or traimmng of, or be a member of Oeanisations. f persons organised or trained or equipped ; 3 bo he purpose of enabling them to be employed in usurping the function of the police or for the unauthorised use of display of force. (2) If any person contravenes the provisions of sub- section (1), he shall be punishable with imprisonment for qa term which may extend to one year, OF with fine, or with both. 4. The District Magistrate, if satisfied that it 1s Power Grilling. necessary so to do 10 the interests of the security of the State or for the maintenance of public order, may; by order in writing, prohibit. in any area specified in _the order, either absolutely or subject to exceptions contained in the order, the unauthorised practice of, or participa drill which tion in, any exercise, movement, evolution oF is either of a military nature or involves the use, or Prt- paration for the organised use; of weapons of offence. . Wearing OF dise possession, OF play 0 uniforms, flags 5. (1) No_ person shall have im his nner or em- “om wear, carry or display, any uniform, flag; ba blem which has been declare aie. ment] by notification in the Official Gazette to signify association with any organisation the Government. flag, banner or emblem d to Government . arr - displays (3) If any person publicly wears, Carries, or disp any such uniform, flag, banner or emblem, he i al te punishable with imprisonme nt which may exten year, or with fine, or with both. ee j eanisatio® ant’? t e Punjab Reorgani sa os Gove by ont Subjects) order, 1968. n State and Cone (2) Any such uniform, fla wherever found shall be forfeite Sub tit a6 ( . stituted for the words Ss Chandigarh)(Adaptati on of Laws © © Scanned with OKEN Scanner Power to pro- hibit meetings and proces. sions. Power to restrict movements of Persons, 260 SECURITY OF STATE [1953 : 6. The District Magistrate necessary so to do for the mai may, by order in Writing, fr within such area and for suc months as may be specified j (a) the holding of any procession tion in any public place : (c) the Carrying in public of anythi USE aS a Weapon of offen oe APB of Ce, 7. (1) The [Central Governmen istri Magistrate, if Satisfied with respect a any partatt® Person that, with a View to Preventing him from acting In any manner Prejudicial to the Security of the State or the maintenance of public Order, it ig NECESsary so to do may by order in Writing, ive one or More of the follow. at such person— (b) shal] Teside or remain in any area that may be Specified in the order : (c) shall Temove himself from, and shall not return to, any area that May be specified in the order ; (d) Shall Notify his Moven 1ents Or report himself In Such Manner and : al such times and to such agistrate, as may be specified in the order. (2) An order made unde; i In- “lr Sub-section 1) (herein after referred to as @ restriction order) may Cease the Person in respect of whom it is made to entat into a bond, with or Without sureties, for the due Performance of the restrictions or Conditions Specified in the order. (3) No restrict than ion Order sh (a) one Month, if made by a District Magistrate, an - all be Operative for moré ee -* Substitute tion (Chandigarh)(A, for the Words “State Go » ' anisa. vernment’’ by the Punjcb Reorg daptation Of Laws on State and Concurrent Subjects) Order, 1968 CG Scanned with OKEN Scanner — gf} SECURITY OF STATE 26) if made by the ’{Central Govern- ar p) one Yee" (0) “nent]. a4) Government] mé , The Central so may at an f st modify any restriction order made by a District 1 : wagistrale An order made under clause (a) or clause (c ©) tion (1) may; if made by the 1 Central Govern. cify as the area {o which the order relates the spe ment]; et ‘re or any part thereof only and, if made by the pole Se”. i whor sistrate, specify as such area the whole or any istrict deem _ f the district only : part 0 ( no such order made by the [Central provided tha : a Government] shall direct the exclusion or removal from the State of any person ordinarily resi dent in the State ; and no such order made by the District Magistr ate shall direct the exclusion OF removal from the district of any person ordinarl ly resident in the district. e after a restriction order iS made, the authority making the order shal! communicate to the person against whom the order is made, so far aS such communication can be made without disclosing facts likely to endanger public safety or the security © the State, the grounds on which the order has been made and such other particulars as are in its opinion adequate (o enable him to make a representation to the if Central Government] against the order, and inform him of his tight to make such representation and shall afford him the earliest opportunity of doing 80. Ma (7) When the restriction order is made by a Distric’ G gistrate, he shall forthwith report to the Oe that the order has the grounds as he it has been made and such (8) a opinion, have a bearing . n receipt of < entation from a pt of a repres | ! Conte whom a cotriction order has been made, the nore the Pee shall, as S00 VISOT i stitu ( y Council con id ue beon 1d de. A to ‘ ‘ \7) together with the grounds on which ! > Reorgani- IS . | - Sation copstituted f. handiearhy A the words’? State Governm ent 1968. andigarh) Adaptation of Laws 0” State and Concurrent (6) As soon as may - — © Scanned with OKEN Scanner Possession conveyance prescribed cuments. | os 62 SECURITY OF STATE [1953 ; pp Act * Act XyI (9) The *[Central. Government] shall . Advisory Council consisting of a Chairman and jute members all of whom shall be persons who ate been, or are qualified to be appointed as Judges ee have Court, & High (10) The Advisory Council shall, after Consider; material placed before it and, if necessary, after Cale’ the such further informationfrom the [Centra] Sve INQ for or from the person concerned as it may deem new ment] oat its or to the *[Central Government] within 1am days from the date on which a represent a mend before it. s ation is placed (11) After considering the report of . Council, the [Central Government] ee confirm. Cvset or cancel He restriction order. > Modify I2 particulars contained in any corres ” ween the *[Central Government] and the Advisory Cae and the report made by the latter shall be confidential and notwithstanding anything contained in any law for the nay pea in saree no out shall be entitled to require c servant to produce an t i . ments before it p y of the aforesaid docu [7-A. Whoever contravenes. disobevs or neglec ). ; tS to comply with any order made or direction given inidlor ie aie 4, 6 or 7 of this Act, shall, on conviction, be jable to be punished with imprisonment of either descrip- boty may extend to one year or with fine or with 8. (1) Whoever, without lawful authority :— (a) has in his possession, or (b) carries for delivery to another person othe wise than through the post, 7 any document the importation of which re been prohibited under the Sea Customs Act, 1878, or in respect of which the et ee forfeiture has been made under any /aW i ment which ean force, shall be punishable with imprist’ eet which may extend to one year, or with fine or ™' (2) Whoever intent; its hi ddres lonally permits his name or 4 Lo be used in order to facilitate transmission, throws? ‘ie li or otherwise. t t whom it purports to be i ) men ntended, of any documy’ ite With ine e described in sub-section ( 1), shail be punish of Prisonment which may extend to one yea’ wil it h fine or with both, cern UDSLilute ort (Chan dig arh) (Adaptation vos state Government” by the Punjab Reordeh aptatio y ts) O "Inse 1 ted Uy Punjab acne ou and Concurrent Subjects) y © Scanned with OKEN Scanner ICURITY OF STATE 6 om Act xi] SECU 263 3: ° Dissemination of 195 whoever — rumoufs, etc, ° " eech, of kes any sp ( ) ma ards, whether spoken or written, or by (b) &Y wort by visible or audible representations ot otherwise publishes any statement, rumour or report, 9 ity of the State, friendly relations with mines es. public order decency or morality, or amounts foreign ee uP Court, defamation or incitement to an rejudicial to the security of the State or the oertenance of public order, or tends to overthrow the main pe punishable with imprisonment which may extend see years or with fine or with both. uch speech statement, rumour or report under- 6 t] may, by notifi- Imposition _ of 0. (1) The *[Central Governmen , iposition cation sae official Gazette, declare the whole or any {p ““aneerously part of the State to be a dangerously disturbed area. disturbed areas. (2) The 1[Central Government] or the District Magist- rate if satisfied that the inhabitants of any dangerously disturbed area— ~ (a) are concerned in the commission of offences or other acts which are prejudicial to the se- curity of the State or the maintenance of law and order, : (b) have been harbouring persons concerned in the commission of such offences or acts, . ; may impose a collective fine on the inhabi- tants of that area. (3) An or ‘ub-Section (2) Ommissio Ment] a amen nd th der made by the District Magistrate under Shall be reported forthwith by him through ner of the Division to the 1[Central Govern- e [Central Government] may there upon >» VCry or rescind such order. a ion (a substit . i Toe Chandigarh) oF the words “State Government”? by the Punjab Reorganisa- : (Adaptation of Laws on State and Concurrent Subjects) Order, © Scanned with OKEN Scanner ~_ = 264 SECURITY OF STATE [1953 (4) The authority IMposin & the f£ (2) may exempt any person or class df T SUD. ge ,y: Inhabitants from liability to pay any portio c SClign (5) The District Magistrat e€, afte , may waar necessary, shall apportion the feuity as h collect Wey fi o pay toa ne pnhabi lants Whoa I™Doseq » and such apport; re liabls OF he according to the District Magisooment : € respective means of such inhabitants , * udgmen; any per revenue € Or as atrears of bind of search. 11. The power to issue Searc] | . Ch Warrants co Cal nferred by vei ik culin c Jng the warrant has reason (o believe is cing used or js int €nded to be an Purpose mentioned in that clause nsed for any and the ‘af . apply (0 searches n° ee said Code Shall, so far as may be, ; ade under the authority of any Wwar- under this section, the disposal of any property seize nder 12. Notwj be — Olwithst{ ° ant of Criminal Proced re gry thing contained int’ e Code this Act sh; ; -©76, all off der punishable wie COgnizable and shall ie en nape ae is 'MPrisionmen{ for a raion which may “xCeeding one year, be non-bailable. % vot! © Scanned with OKEN Scanner SECURITY OF STATE 265 | ygs3 + PP 7" : | No suf, prosecution or other legal Proceed. Protection aa of qoainst any person for anything which is in ther this fA" ‘ er this Act. jie < g * intended to be done under, or in pursu ing “+, done or faith o° soe" of, this Act. No sui of other legal proceedings shall lie against al Government) of except with the sanction 1 ur , the (eicentral Government] against any of its officers any damage caused or likely to be caused by anything 4 good faith done or intended to be done under or in v yance of, this Act. _ The Punjab Security of the State Act, 1951 Repea presi dent’s Act No. I of 1951); and the Punjab Scien land savings. State (Amendment) Act, 1951 (President’s Act led ; but notwithstand- e of of 1951), are hereby repealed repeal , any order made, notification or direction ointment made or action taken in exercise of ther of the said Acts, onferred by or under ei mmediately before the commencement: of this Act shali, in so faras itis not inconsistent with the provisions of this Act, continue inforce and be deemed to have been made, issued, done or taken under the corres- ponding provisions of this Act asif this Act was in force on the day on which such thing was done or action was taken and all the provisions of this Act shall apply accor- dingly. THE SCHEDULE [See section 2 (1) (a) the powers Col and in force } (a) The maintenance and working of naval, military ailways, ar transport In- inland water and air force works, fT cluding aerodromes, canals, Inia transport, road (ransport, telegraph: telephone, broadcasting and postal services hospitals an services connected with the safeguarding 9 the public health, mines, fire- brigades, printing presses ; All undertakings relating to (6) the manufacture, storage, or distribution oF stores or equipment required by Govern for its departments or services » Wubsti * ae Chand Ie eRe ae Sa eon one SHE tate and Conc 'garh) ( Adaptation of Laws on jab Reorganis ation ye piects) ord er, 1968. ee © Scanned with OKEN Scanner i. [1953 : Ph, ¢ Act (c) any system of public concey Xt] tion ; Snsetvaney oy sani ds 266 SECURITY OF STATR (d) the upkeep of roads and bridges . (e) any industry, business or estahy; gaged in the production or sunt foment en of light, heat power, water or Motive ful | (f) any industry, business or establish | : | ment gaged in the production or supply to the put of any commodity essential to the life of t community. ‘ i el © Scanned with OKEN Scanner