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THE TRIPURA SECURITY ACT, 2000
THE TRIPURA SECURITY ACT, 2000
An Act To make special provision for the security of the State, maintenance of public order and maintenance of supplies and services essential to the life of the community in the State of Tripura.
Whereas it is expedient to make special provision for the security of the State, maintenance of public order and maintenance of supplies and service essential to the life of the community in the State of Tripura and for matters connected with the purpose aforesaid ;
Be in enacted by the Tripura Legislative Assembly in the Fifty-first year of the Republic of India as follows:-
Short title, Extent, Commencement and duration.
1. (1) This Act may be called the Tripura Security Act, 2000.
(2) It extends to the whole of the State of Tripura.
(3) Itshall be deemed to have come into force on and from the 15th day of August, 2000.
(4) This Act shall remain in force up to and inclusive of the 14th day of August, 2005.
Provided that the State Government may, from time to time by notification in the official gazette extend the period as aforesaid for such period not exceeding two years at a time as may be specified in the notification ; so, however that the total period of such extension (after expiry of the 14th day of August, 2005) shall not exceed ten years ; and wherein such notification is issued a copy thereof shall be laid as soon as may be before the Legislative Assembly of Tripura.
(5)Upon the expiry of the Act or upon the Act or any part ceasing to be enforced, section 6 of the Genet-al Clauses Act, 1897 shall apply as if this Act or any part thereof had then been repealed by a Tripura Act.
Definitions.
2. In this Act unless there is anything repugnant in the subject or context,-
(I) "anti-social" means a person who,
(a) is generally reputed to be desperate and dangerous to the community :
Provided that a person shall not be deemed to be desperate and dangerous to the community only because of his participation in democratic movement, trade union activities, labour or peasant movement ; or
XLV of 1860.
(b) either by himself or as member or leader of gang, habitually commits or attempts to commit or abets the commission of offences punishable under Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code, 1860 ; or
CN of 1956.
(c) has been convicted under the Suppression of Immoral Traffic in Women and Girls Act, 1956 ; or
Tripura Act 12 of 1987.
(d) has been convicted not less than twice under the Tripura Excise Act, 1987 ; or
37 of 1954.
(e) has been convicted under the prevention of Food Adulteration Act, 1954 ; or
(f) has been convicted for offences of gambling, black marketing or illegal money lending by any criminal court ; or
(g) either by himself or as an agent of any person acts or deals with any essential commodity in a manner which is prejudicial to the maintenance of supplies and services essential to the life of the community.
X of 1955.
(2) "essential commodities" means any essential commodity as defined in the Essential Commodities Act, 1955 and include such other thing as may be declared by the State Government by a notification to be essential for the life of the community ;
(3) "prescribed" means prescribed by any order or rule made under this Act ;
(4) "protected place" means a place declared under section 14 to be a protected place ;
(5) "protected area" means an area declared under section 15 to be protected area ;
(6) "public servant" includes any public servant as defined in the Indian Penal Code and any servant of any local authority or railway administration and any person engaged in any employment or class of employment which the State Government may, from time to time, declare to be employment or class of employment essential to the life of the community ;
LIV of 1959.
(7) "subversive act" means any act which is intended or is likely-
(a) to endanger-
(i) communal harmony, or
(ii) the safety or stability of the State ;
(b) to organise, further or help the illegal acquisition, possession or use of--
(i) arms, ammunition or military stores as defined in the Arms Act, 1959 ;
(ii) explosive substances as defined in the Explosive Substances Act, 1908, or
(iii) corrosive substances ;
(c) to prejudice the recruiting of, or the attendance of persons for service in, any police force or fire brigade or any other body of persons entered, enrolled or engaged as public servants or to tamper with the loyalty of such persons ;
(d) to impede, delay or restrict -
(i) any work or operation, or
(ii) any means of transport or locomotion, necessary for the production, procurement, supply or distribution of any essential commodity.
14 of 1947.
except in furtherance of an industrial dispute as defined in the Industrial Disputes Act, 1947.
Explanation :-
(i) Acts bonafide indicating disapprobation of the policy or measures of the Government with a view to obtaining their alteration by lawful means shall not be deemed to be acts which are intended or are likely to endanger the safety or stability of the State.
(ii) The illegal acquisition, storage or movement of an essential commodity shall be deemed to be an act which is intended and is likely to impede, delay and restrict the operation necessary for the procurement, supply and distribution of such commodity for the purposes of sub-clause (d).
Effect of the provisions of the Act when inconsistent with other law.
3. The provisions of this Act and of any orders made thereunder shall have effect notwithstanding 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.
Saving.
4. 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.
Non-compliance with the provisions of the Act or any orders made thereunder.
5. 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-
(a) 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.
Externment etc. of anti socials.
6.(1) Where it appears to District Magistrate -
(a) that any person is an anti-social ; and
(b) (i) that his movement or acts in the district or any part thereof are causing, or are calculated to cause alarm, danger or harm to persons or property ;
(ii) that there are reasonable grounds for believing that he is engaged, or about to engage, in the district or any part thereof, in the commission of any offence punishable under Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code, or under the Suppression of Immoral Traffic in Women and Girls Act, 1956 or under the Tripura Excise Act, 1987 or under the Prevention of Food Adulteration Act, 1954 or in the abetment of any such offence ; and
(c) that witnesses are not willing to come forward to give evidence against him by reason of apprehension on their part as regards the safety of their person or property ;
the District Magistrate shall by notice in writing inform him of the nature of the material allegations against him in respect of clauses (a), (b) and (c) and give him a reasonable opportunity of tendering an explanation regarding them.
(2) The person against whom an order under this section is proposed to be made shall be given a reasonable opportunity of being heard and examining himself, if he so desires, and also of examining any other witnesses in support of his explanation unless for reasons to be recorded in writing the District Magistrate is of opinion that the request is made for the purpose of vexation or delay.
(3) Thereupon the District Magistrate on being satisfied that the conditions specified in clauses (a), (b) and (c) of sub-section (I) exist may by order in writing -
(a) direct him to remove himself outside the District, or part, as the case may be, by such route, if any and within such time as may be specified in the order, and to desist from entering the district or the specified part thereof until the expiry of such not exceeding six months as specified in the order ;
(b) (i) require such person to notify his movements or to report himself, or to do both, in such manner, at such time and to such authority or person as may be specified in the order ;
(ii) direct him otherwise to conduct himself in such manner as may be specified in the order, until the expiry of such period not exceeding six months as may be specified in the order.
Permission to return temporarily.
7. The District Magistrate may, by an order, permit any person in respect of whom an order has been made under clause (a) of sub-section (3) of section 6 to enter or return, for a temporary period, into or to the area from which he was directed to remove himself subject to such conditions as the District Magistrate may specify and may at any time rescind any such permission.
Extension of period of order.
8. Where the order passed under section 6 is for less than six months then the District Magistrate may, after giving, except where for reasons to be recorded in writing is satisfied that it is impracticable so to do, to the person concerned an opportunity of making a representation in that behalf, extend from time to time, in the interest of the general public, the period specified in the order made under Section 6, but the period, so extended shall in no case exceed six months in the aggregate and after the expiry of six months the order shall automatically lapse.
Appeal.
9. (1) Any person aggrieved by an order made under section 6,7 and 8 may appeal to the District and Sessions Judge within 15 days from the date of the order.
(2) The appellant or his advocate shall not be entitled to inspect or to be informed of any record which was not disclosed to him at the inquiry, if any, held under section 6.
(3)The District and Sessions Judge may either confirm the order with or without modification or set it aside, or may, pending disposal of the appeal, stay the operation of the order subject to such terms, if any as he thinks fit :
Provided that no order for stay of execution of the order passed under section 6, 7 or 8 shall be made under this sub-section without hearing the Public Prosecutor upon notice.
Recognization for certain Purposes.
10. (1)The District Magistrate or the District and Sessions Judge may for the purpose of
(a) securing the attendance of any person against whom an order is proposed to be made under section 6, or has been made but its operation has been stayed under section 9 ; or
(b) securing the due observance of any direction, requirement, prohibition, restriction or condition specified in an order made in respect of any person under section 6, section 7, section 8 or section 9,
require such person to enter into a bond, with or without sureties and the provisions of the Code of Criminal Procedure, 1973, shall mutatis mutandis apply in relation to such bonds as they apply in relation to bonds executed or required to be executed under the said Code.
2 of 1974.
(2) In particular and without prejudice to the generality of the foregoing provisions -
(a) the District Magistrate while issuing notice to any person under sub-section (1) of section 6 may issue a warrant for his arrest with endorsement thereon of a direction in terms of the provisions of section 71 of the said Code, and the provisions of section 70 to 89 of the said Code shall, so faras may be, apply in relation to such warrant as if the District Magistrate were a Court ;
Provided that the District Magistrate shall not issue any warrant unless he is satisfied, for reasons to be recorded in writing, that there is a reasonable apprehension in his mind that the person against whom the notice is being issued will escape the service of notice or he will evade the process of law.
(b) If any person who is required to execute a bond for the observance of any direction, requirement, prohibition, restriction or condition fails to do so, he shall be committed to prison or, if he is already in prison, be detained in prison until the period for which the direction, requirement, prohibition, restriction or condition is to operate or until within such period he executes the bond with or without sureties, as the case may be, in terms of the order, and the provisions of sections 119 to 121, 123(1) to (8) and (10) and 124 of the said Code shall mutatis mutandis apply as if the District Magistrate is a Court;
(c) Sections 445,446 and 447 of the said Code shall nutatis mutandis apply in relation to all bonds executed under this section as if the District Magistrate is a Court.
Rescission of order.
11.The District Magistrate or the District and Sessions Judge may at any time rescind an order made under section 6, whether or not such order was confirmed on appeal under section 9.
Punishment for contravention of orders under section 3 to 6.
12. Whoever contravenes any order made under section 6, section 7, section 8, or section 9 shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine or with both.
Forcible removal of externed antisocial reentering etc. in contravention of order.
13. (1) Where after an order is made against a person under section 6, section 7, section 8, or section 9 such person -
(a) has failed to remove himself from the District or part as directed by the order ; or
(b) has re-entered the areas, from which he was ordered to remove the District Magistrate may cause him to be arrested and remove in police custody to such place outside the area specified in the said order as he may direct.
(2) Any police officer may arrest without warrant any person reasonably suspected of an act or omission specified in sub-section (I), and shall forthwith forward the person so arrested to the nearest Magistrate, who shall cause him to be forwarded to the District Magistrate, who may thereupon cause the person to be removed in police custody to such place outside the area specified in the said order as he may direct.
(3) The provisions of this section are in addition to and not in derogation of the provisions of section 12.
Protected places.
14. (1)If as respect 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 un-authorised 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 having jurisdiction, enter, or be on or in or pass over, any protected place and no person shall loiter in the vicinity of any such place.
(3)Where in pursuance of sub-section (2) any person is granted permission to enter, or to be on or in, or to pass over, a protected place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the authority which granted the permission.
(4) Any police officer, or any person authorised in this behalf by the State Government may search any person entering, or seeking to enter or being on or in, or leaving, a protected place and any vehicle, vessel, animal or article brought in by such person and may, for the purpose of the search detain such person, vehicle, vessel, animal or article :
Provided that no woman shall be searched in pursuance of this sub-section except by a woman.
(5) If any person contravenes any of the provisions of this section, then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any police officer of by any other person authorised in this behalf by the State Government.
(6)If any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
Protected Areas.
15. (1) If the State Government considers it necessary or expedient in the public interest or in the interest of the safety and security of any area to regulate the entry of person into that area, the State Government may without prejudice to any other provisions of this Act, by order declare the area to be a protected area ; and thereupon, for so long as the order is in force, such area shall be a protected area for the purpose of this Act.
(2) On and after such day as may be specified in, and subject to any exemptions for which provision may be made by, an order made under sub-section ( l), no person who has not immediately before the said day resident in the area declared to be a protected area by the said order shall be therein except in accordance with the terms of a permit in writing granted to him by an authority or person specified in the said order.
(3) Any police officer, or any other person authorised in this behalf by the State Government may search any person entering or seeking to enter, or being on or in, or leaving, a protected area, any vehicle, vessel, animal or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, or animal or article :
Provided that no woman shall be searched in pursuance of this sub-section except by a woman.
(4) If any person is in a protected area in contravention of the provisions of this section, then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by or under the direction of any other officer on duty in the protected area or by any other persons authorised in this behalf by the State Government.
(5)If any person is in a protected area in contravention of any of the provisions of this section, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
Forcing or evading a guard.
16. Any person who effects or attempts to effect into a protected place or protected area-
(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 area, 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.
Sabotage.
17. (1)No person shall do an act with intent to injuriouly affect, whether by impairing the efficiency or impeding the working of anything or in any other manner whatsoever, or to cause 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 ;
(b) any road, canal, canal embankments, protective bounds, sluicegates, lock gates, bridge, culvert, air-field, air-strip or any installation thereon, or any telegraph line or post (as defined in the Indian Telegraph Act, 1885) or any wireless installation ;
(c) any aircraft ;
(d) any building or other property used in connection with the production, distribution or supply of any essential of any essential commodity, any sewage works, mine or factory ;
(e) any prohibited place as defined in sub-section (8) of section 2 of the Indian Official Secrets Act, 1923.
(2) The provisions of sub-section (1) shall apply in relation to any omission on the part of a person to do anything which he is under a duty imposed on him by law or an order of any competent authority to do, as they apply to the doing of any act by a person..
(3) If any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both.
Penalty for subversive acts.
18. If any person commits any subversive act he shall be punishable with imprisonment for a term which may extend to five years or with fine or with both.
Punishment for carrying or Possessing any corrosive substance.
19. Any person who carries on his person, knowingly has in his possession or under his control any 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.
Definition of looting.
20. 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 circumstances such that 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 commit the offence of looting.
Use of force to stop looting.
21. Any police officer may use such force as may be necessary in order to stop the commission of the offence of looting within his view.
Curfew.
22. ( 1) For the maintenance of public order or on grounds of public security or for the prevention of smuggling, the District Magistrate or the Sub-Divisional Magistrate may subject to the control of the State Government by order direct that, subject to any exemption specified in the order, no person present within any area or areas specified in the order shall, between such hours as may be specified in the order, be out of doors except under the authority of a written permit granted by a specified authority or person.
(2) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. .
Control processions, meetings etc.
23. (1) The State Government may by general or special order prohibit, restrict or impose conditions upon, the holding of or taking part in processions, meetings or assemblies which, in its opinion are likely to disturb communal harmony or public order.
(2) Any police officer not below the rank of Sub-Inspector may take such steps and use such force, as may be reasonably necessary for securing compliance with any order made under this section.
(3) If any person contravenes any order under this section, he shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.
Control movements commodities articles things.
24.(1) If, in the opinion of the State Government it is necessary orexpedient so to for preventing or suppressing subversive acts or for maintaining supplies and services essential to the life of the community, it may by general or special order prohibit or restrict the movement of any commodity, article or thing (including any vessel, aircraft or animal) either generally or between any particular places or on any particular route.
(2) The powers conferred by sub-section (1) shall not apply to the Inter-State movement of any commodity which is an essential commodity as defined in clause (a) of section 2 of the Essential Commodities Act, 1955, and shall not prejudicially affect any order issued in that behalf by the Central Government in respect of any such commodity.
(3) Every order made under sub-section (1) shall remain in force for such period not exceeding three months at any one time as may be specified in the order.
(b) that the authority making the order was satisfied that the grounds on or the purpose for which it was made existed and that it was necessary to make the same ; and
(c) that the order otherwise valid and in conformity with the provisions of this Act.
(2)No public officer shall be compelled to disclose any fact or to produce any document when he considered that the public interest would suffer by the disclosure of such fact or the production of such document although such fact or document may be relevant to any of the matters contained in the order.
Explanation :- For the purpose of this Act, an authentic copy of the order means a copy certified in a manner prescribed under section 76 of the Indian Evidence Act, 1872 of if this Act requires that the order be published in the Official Gazette a copy of the Official Gazette relating to the publication of the order.
Publication and service of order made under the Act.
29. (1) Save as otherwise provided by or under this Act, every order made under this Act shall -
(a) if it an order or a general nature or affecting a class of persons, be published in such manner as may, in the opinion of the authority making it be best adopted for information the persons affected by the order ;
(b) if it is an order affecting a corporation or a firmbe served in the manner provided for service of summons in Rule 2 of Order XXIX or in Rule 3 of Order XXX, as the case may be, in the First Scheduled to the Code of Civil Procedure, 1908 ;
(c) If it is an order affecting an individual person other than a corporation or a firm be served on the person –
(i) personally, by delivering or tendering to him the order, or
(ii) by post, or
(iii) where the person can not be found by leaving an authentic copy of the order with some adult male member of the family, or
(iv) by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or worked for gain.
(2) Where the question arises whether a person was duly informed of an order made in pursuance of this Act, compliance with the requirements of sub-section (1) shall be conclusive proof that he was so informed, but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affected the validity of the order.
Power to arrest without warrant.
30. Any police officer may arrest without warrant any person who is reasonably suspected of having committed an offence punishable under this Act. All offences under this Act shall be non-bailable.
Protection of action taken under the Act.
31. (1)No suit, prosecution or other legal proceeding shall lie against any person for anything which is or is deemed to have been in good faithdone or intended to be done in pursuance of this Act or any order made or deemed to have been made thereunder.
(2) No suit, prosecution or other legal proceeding shall lie against Government for any damage caused or likely to be caused by anything which is or is deemed to have been in good faith done or intended to be done in pursuance of this Act or any order made or deemed to have been made thereunder.
Rules.
32. (1)The State Government may, by notification in the Official Gazette make rules to carry out the purposes of this Act.
(2)In making any rule under this Act the Government may direct that any person committing as breach thereof shall, on conviction by a court, be punishable with fine which may extend to fifty rupees and where the breach is a continuing one, with further fine which may extend to ten rupees for everyday after the first breach during which the breach continues subsequent to such conviction.
(3) Every rule made under this section shall be laid as soon as may be after is made before the Legislative Assembly of Tripura while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be : so however, that any modification or annulment shall be without prejudice to the validity of anything done under that rule.
Repeal and Savings.
33. (1) The Tripura Security Ordinance, 1999 (Tripura Ordinance No. 2 of 2000) is hereby repealed.
(2) Notwithstanding such repeal of the said Ordinance anything done, any action taken, order issued, notification published, proceeding started. appeal preferred, legal effect produced, by or under the provisions of the said Ordinance, shall be deemed to have been respectively done, taken, issued, published, started, preferred or produced by or under the corresponding provisions of this Act.
