Punjab Security of the State Act, 1953

(1) This Act may be called the Punjab Security of the State Act, 1953. (2) It extends to the whole of the Union territory of Chandigarh. (3) It shall come into force at once.

(1) No person shall do any act with intent to impede the working of, or to cause damage to,— (a) any building, vehicle, vessel, machinery apparatus, or other property used, or intended to be used, for the purposes of Government or any local authority ; (b) any railway, tramway, road, canal, bridge, culvert, causeway, aerodrome, telegraph, telegraph line or telegraph post ; (c) any rolling stock of a railway or tramway of any aircraft ; (d) any building, place or property used in connection with any industry, business or establishment of the nature specified in the Schedule. (2) The provisions of sub-section (1) shall apply to any omission on the part of a person to do anything which he is under a duty, either to the Government or to any public authority or to any person, to do; as they apply to the doing of any act by a person. (3) If any person approaches or is in the neighbourhood of any such building, place or property as is mentioned in sub-section (1) in circumstances which afford reasonable grounds for believing that he intends to contravene that sub-section, he shall be deemed to have attempted a contravention thereof. (4) If any person contravenes the provisions of this section, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. Explanation.—A person shall be deemed to have contravened or attempted to have contravened the provisions of this section if he refuses to carry out the provisions of, or refuses or omits to do any act in furtherance of, or attempts to stop the continuance of, or takes part in, a strike which is not illegal under any law for the time being in force.

(1) No person shall take part in the organisation, management or training of, or be a member of, any association or organisation of persons organised or trained or equipped for the purpose of enabling them to be employed in usurping the function of the police or for the unauthorised use or display of force. (2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

The District Magistrate, if satisfied that it is necessary so to do in 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 participation in, any exercise, movement, evolution or drill which is either of a military nature or involves the use, or preparation for the organised use, of weapons of offence.

(1) No person shall have in his possession, or wear, carry or display, any uniform, flag, banner or emblem which has been declared by notification in the Official Gazette to signify association with any organisation declared by the Government to be an unlawful organisation. (2) Any such uniform, flag, banner or emblem wherever found shall be forfeited to Government. (3) If any person publicly wears, carries, or displays any such uniform, flag, banner or emblem, he shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

The District Magistrate, if satisfied that it is necessary so to do for the maintenance of public order, may, by order in writing, forbid within such area and for such period not exceeding three months as may be specified in the order— (a) the holding of any procession or public meeting in any public place ; (b) the carrying in public of anything which can be used as a weapon of offence.

(1) The Central Government or the District Magistrate, if satisfied with respect to any particular 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 is necessary so to do, may by order in writing, give one or more of the following directions to such person— (b) shall reside or remain in any area that may be specified in the order ; (c) shall remove himself from, and shall not return to, any area that may be specified in the order ; (d) shall notify his movements or report himself in such manner and at such times and to such authority or Magistrate, as may be specified in the order. (2) An order made under sub-section (1) (hereinafter referred to as a restriction order) may require the person in respect of whom it is made to enter into a bond, with or without sureties, for the due performance of the restrictions or conditions specified in the order. (3) No restriction order shall be operative for more than— (a) one month, if made by a District Magistrate, (b) one year, if made by the Central Government. (4) The Central Government may at any time cancel or modify any restriction order made by a District Magistrate. (5) An order made under clause (b) or clause (c) of sub-section (1) may, if made by the Central Government, specify as the area to which the order relates the whole or any part thereof only and, if made by the District Magistrate, specify as such area the whole or any part of the district only: provided that no such order made by the Central Government shall direct the exclusion or removal from the State of any person ordinarily resident in the State ; and no such order made by the District Magistrate shall direct the exclusion or removal from the district of any person ordinarily resident in the district. (6) As soon as may be after a restriction order is made, the authority making the order shall 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 of the State, the grounds on which the order has been made and such other particulars as are in its opinion adequate to enable him to make a representation to the Central Government against the order, and inform him of his right to make such representation and shall afford him the earliest opportunity of doing so. (7) When the restriction order is made by a District Magistrate, he shall forthwith report to the Central Government that the order has been made and the grounds on which it has been made and such other particulars as, in his opinion, have a bearing on the case. (8) On receipt of a representation from a person against whom a restriction order has been made, the Central Government shall, as soon as may be, constitute an Advisory Council and place before it the representation together with the grounds on which the order has been made. (9) The Central Government shall constitute an Advisory Council consisting of a Chairman and two members all of whom shall be persons who are or have been, or are qualified to be appointed as Judges of a High Court. (10) The Advisory Council shall, after considering the material placed before it and, if necessary, after calling for such further information from the Central Government or from the person concerned as it may deem necessary, submit its report to the Central Government within thirty days from the date on which a representation is placed before it. (11) After considering the report of the Advisory Council, the Central Government may confirm, modify or cancel the restriction order. (12) All particulars contained in any correspondence between the Central Government and the Advisory Council and the report made by the latter shall be confidential and notwithstanding anything contained in any law for the time being in force, no court shall be entitled to require any public servant to produce any of the aforesaid documents before it.

Whoever contravenes, disobeys or neglects to comply with any order made or direction given under sections 4, 6 or 7 of this Act, shall, on conviction, be liable to be punished with imprisonment of either description which may extend to one year or with fine or with both.

(1) Whoever, without lawful authority:— (a) has in his possession, or (b) carries for delivery to another person otherwise than through the post, any document the importation of which has been prohibited under the Sea Customs Act, 1878, or in respect of which an order of forfeiture has been made under any law for the time being in force, shall be punishable with imprisonment which may extend to one year, or with fine or with both. (2) Whoever intentionally permits his name or address to be used in order to facilitate transmission, through the post or otherwise, to any person other than the one for whom it purports to be intended, of any document the importation of which has been prohibited or which is subject to an order of forfeiture as described in sub-section (1), shall be punishable with imprisonment which may extend to one year or with fine or with both.

Whoever— (a) makes any speech, or (b) by words, whether spoken or written, or by signs or by visible or audible representations or otherwise publishes any statement, rumour or report, which is prejudicial to the security of the State or the maintenance of public order, or tends to overthrow the State, or undermines friendly relations with foreign states, or results in public annoyance, decency or morality, or amounts to contempt of Court, defamation or incitement to an offence, shall be punishable with imprisonment which may extend to three years or with fine or with both.

(1) The Central Government may, by notification in the Official Gazette, declare the whole or any part of the State to be a dangerously disturbed area. (2) The Central Government or the District Magistrate 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 security 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 inhabitants of that area. (3) An order made by the District Magistrate under sub-section (2) shall be reported forthwith by him through the Commissioner of the Division to the Central Government. The Central Government may thereupon vary or rescind such order. (4) The authority imposing the fine under sub-section (2) may exempt any person or class or group of inhabitants from liability to pay any portion of such fine. (5) The District Magistrate, after such enquiry as he may deem necessary, shall apportion the fine imposed on the inhabitants who are liable to pay it according to his judgment of the respective means of such inhabitants and such apportionment shall be recoverable as arrears of land revenue.

The power to issue search warrants conferred by the Code of Criminal Procedure, 1898, shall, in relation to any document or property which the officer issuing the warrant has reason to believe is being used or is intended to be used for any purpose mentioned in that clause or section, apply to searches made under the authority of any warrant issued under this section, and the disposal of any property seized under this Act.

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences punishable under this Act shall be cognizable and shall be non-bailable.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under, or in pursuance of, this Act. No suit or other legal proceedings shall lie against the Central Government or any of its officers except with the sanction of the Central Government against any damage caused or likely to be caused by anything in good faith done or intended to be done under or in pursuance of, this Act.

The Punjab Security of the State Act, 1951 (President’s Act No. I of 1951); and the Punjab Security of the State (Amendment) Act, 1951 (President’s Act No. IV of 1951), are hereby repealed ; but notwithstanding such repeal, any order made, notification or direction issued, appointment made or action taken in exercise of the powers conferred by or under either of the said Acts, immediately before the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued, done or taken under the corresponding provisions of this Act as if 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 accordingly.