16. (1) Every person in respect of whom an order Power of has been made under subsection (1) of section 11 shall, photographif so directed by any officer authorised in this behalf by general or special order of the Local Government, (a) permit himself to be photographed ; ing, &c., persons in respect of whom order has been made under (c) furnish such officer with specimens of his section 11. handwriting and signature; (d) attend at such times and places as such officer may direct for all or any of the foregoing purposes. (2) If any person fails to comply with or attempts to avoid any direction given in accordance with the provisions of subsection (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. search. 17. The power to issue search warrants conferred by Powers of section 98 of the Code shall be deemed to include a power to issue warrants authorising the search of any place in which any Magistrate mentioned in that section has reason to believe that any offence specified in the First Schedule has been, is being, or is about to be committed, and the seizure of anything found therein or thereon which the officer executing the warrant has reason to believe has been, is being, or is intended to be, used for the commission of any such offence; and the provisions of the Code, so far as they can be made applicable, shall apply to searches made under the authority of any warrant issued under this section, and to the disposal of any property seized in any such search; and an order for search issued by the Local Government. under subsection (2) of section 11 shall be deemed to be a search warrant issued by a Presidency Magistrate or the District Magistrate having jurisdiction in the place specified therein, and may be executed by the person to whom the order is addressed in the manner provided in this section. -- Judges. 18. (1) Within one month from the date of an Scrutiny of order by the Local Government under subsection (1) case by two of section 11, the Local Government shall place before two persons, who shall be either Sessions Judges or Additional Sessions Judges having, in either case, exercised for at least five years the powers of a Sessions Judge or Additional Sessions Judge, the material facts and circumstances in its possession on which the order has been based or which are relevant to the inquiry, together with any such facts and circumstances relating Power to suspend operation of orders under section 11. Visiting to the case which may have subsequently come into its possession, and a statement of the allegations against the person in respect of whom the order has been made and his answers to them, if furnished by him. The said Judges shall consider the said material facts and circumstances and the allegations and answers and shall report to the Local Government whether or not in their opinion there is lawful and suflicient cause for the order. (2) On receipt of the said report, the Local Government shall consider the same and shall pass such order thereon as appears to the Local Government to be just or proper. (3) Nothing in this section shall entitle any person against whom an order has been made under subsection (1) of section 11 to attend in person or to appear by pleader in any matter connected with the reference to the said Judges, and the proceedings and report of the said Judges shall be confidential. 19. (1) When an order under subsection (1) of section 11 has been made against a person, the Local Government may at any time, without conditions or upon any conditions which such person accepts, direct the suspension or cancellation of such order. (2) If any condition on which an order has been suspended or cancelled is in the opinion of the Local Government not fulfilled, the Local Government may revoke the suspension or cancellation, and thereupon the person in whose favour such suspension or cancellation was made may, if at large, be arrested by any police officer without warrant and the order under subsection (1) of section 11 shall be deemed to be in full force. (3) If the conditions on which such suspension or cancellation has been made include the execution of a bond with or without sureties, the Local Government may at once proceed to recover the penalty of such bond. (4) A Presidency Magistrate or Magistrate of the first class shall in default of payment of such penalty issue, on application made in this behalf by an officer of the Local Government specially empowered, a warrant for the attachment and sale of the movable property belonging to the defaulter or his estate if he be dead. On the issue of such warrant the provisions of subsections (3) and (4) of section 514 of the Code shall apply to such recovery. 20.-(1) The Local Government shall, by order in writing, appoint such persons as it thinks fit to consti tute Visiting Committees for the purposes of this Act (2) Such rules shall provide for periodical visits to (3) No person in respect of whom any such order has been made requiring him to notify his residence or change of residence or to report himself to the police or to abstain from any specified act, shall be deemed to be under restraint for the purpose of subsection (2). restraint 21. The Local Government shall make to every Allowances to person who is placed under restraint by reason of an persons under order made under subsection (1) of section 11, a and their monthly allowance for his support of such amount as dependants. is, in the opinion of the Local Government, adequate for the supply of his wants, and shall also make to his family, if any, and to such of his near relatives, if any, as are in the opinion of the Local Government. dependent on him for support, an allowance for the supply of their wants suitable in the opinion of the Local Government to their rank in life. Explanation. In this section the expression "under restraint" has the same meaning as in section 20. 22. The Local Government may make rules pro- Power to viding for the procedure to be followed regarding the make rules. notification of residence and report to the police by persons in respect of whom orders have been made under section 11, and for the place and manner of custody of all persons arrested or committed to or detained in custody under this Act. 23. All rules made under this Act shall be published Publication of in the Calcutta Gazette, and on such publication shall rules. have effect as if enacted in this Act. prosecutions 24. No suit, prosecution or other legal proceeding Bar to suits, shall lie against any person for anything which is in and other legal good faith done or intended to be done under this Act. proceedings. 25. Where, prior to the commencement of this Act, Effect of the anything has been done, or any action has been taken Act. Or of 1924. under the provisions of the Bengal Criminal Law Amendment Ordinance, 1924, which thing or action might have been done or taken under the provisions herein enacted had this Act commenced on the 25th day of October 1924, such thing or action shall be deemed to have been done or taken under the provisions of this Act, and every consequence which would have ensued if this Act had commenced as aforesaid, and such thing or action had been done or taken thereunder, shall thereupon ensue in all respects as if this Act had so commenced and such thing or action had been so done or taken. THE FIRST SCHEDULE. (See sections 3 and 6.) Any of the following offences, if in the opinion of the Local Government there are reasonable grounds for believing that such offence has been committed by a member, or a person controlled or instigated by a member, of any association of which the objects or methods include the commission of any of such offences, namely:- 1860. (a) any offence punishable under any of the follow- (b) any offence under the Explosive Substances VI of 1908. Act, 1908; (c) any offence under the Indian Arms Act, 1878; XI of 1875 THE SECOND SCHEDULE. 1860. (1) Any offence punishable under any of the following sections of the Indian Penal Code, namely, sections 148, Act XLV of 302, 304, 326, 327, 329, 332, 333, 392, 394, 395, 396, 397, 398, 399, 400, 401, 402, 431, 435, 436, 437, 438, 440, 457 and 506. (2) Any attempt or conspiracy to commit, or any abetment of, any of the above offences. 19th January 1925. (Sd.) LYTTON, This Act was made by me as Governor under the provisions of section 72E of the Government of India Act. (Sd.) LYTTON, 19th January 1925. Governor of Bengal. STATEMENT OF OBJECTS AND REASONS. (1) A statement by His Excellency the Governor-General of the reasons which have moved him, in the exercise of the powers conferred upon him by section 72 of the Government of India Act, to make and promulgate the Bengal Criminal Law Amendment Ordinance, 1924 (I of 1924), was published in a Calcutta Gazette Extraordinary, dated the 25th October 1924. In another Calcutta Gazette Extraordinary of the same date, the Resolution No. 10580 P. of the Government of Bengal in the Political Department, set forth the reasons which have led the Governor in Council to ask the Governor-General to promulgate such an Ordinance. (2) The present Bill has for its object the continuance by enactment by local legislation of the provisions of the Bengal Criminal Law Amendment Ordinance, 1924 (I of 1924), since that Ordinance is limited under section 72 of the Government of India Act to expire at the end of six months from the date of its promulgation. 22nd December 1924. H. L. STEPHENSON. ENCLOSURE No. 2. [This is identical with Enclosure No. 1, except for the certificate at the head and the signature and signed declaration at the foot.] ENCLOSURE No. 3. [Extract from proceedings of a meeting of the Bengal Legislative Council, held on the 7th January 1925, relating to the Bengal Criminal Law Amendment Bill, 1925. HIS EXCELLENCY THE GOVERNOR OF BENGAL (THE EARL OF LYTTON): Gentlemen,- This Council has met, as you know, in a special session for one purpose, and one purpose alone, namely, to consider the proposals of my Government for suppressing terrorist crime in the Province. I shall not discuss the provisions of the Bill which will be submitted to you or say anything to-day of a controversial character. The only justification for a Bill of this kind is that the welfare of the State as a whole is in danger and that the danger cannot be averted by any other means. In the speeches which I have recently made I have tried to explain the circumstances in which my Government have felt constrained to take this action and to restrain the liberty of a few men in order that the liberty of many may be secured. It is not necessary for me to repeat what I have already said and it will be for you to |