The Tripura Security Act 1980

TRIPURA ACT NO. 9 OF 1980 

THE TRIPURA SECURITY ACT, 
1980



Published in the 

EXTRAORDINARY ISSUE OF TRIPURA GAZETTE 

Agartala, Monday, June 30, 1980 A.D. 

Government of Tripura 

Law Department 

No. F. 2(1)-LAW/LEG/80. Dated, Agartala, the 30th 

June, 1980. 

The following Act ofthe Tripura Legislative Assembly 

received assent of the President on the 28th June, 1980 and is 

hereby published for general information.



Short title, 
extent, 
commencement 
and duration. 

Xx of 1897, 

dripura Act No. 9 of 1980. 

THE TRIPURA*SECURITY ACi, 1980 

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 

fripura, 

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 ; it is hereby enacted 

in the Thirtieth Year of the Republic of India as follows :— 

1. (1) This Act may be called the Tripura Security Act, 

1980. | 

(2) It extends to the whole of the State of Tripura. 

(3) It shall be deemed to have come into force on 

and from the 26th day of January, 1980. 

(4) This Act shall remain in force upto and inclusive 

of the 25th day of January, 1985 : 

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 the expiry of the 

25th day of January, 1985) 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 this Actor upon the Act or 

any part ceasing to be enforced, section 6 of the General 

Clauses Act, 1897 shall apply as if this Act or any part thereof 

had then been repealed by a Tripura Act.



Definitions. 

XLV of 1860, 

CN of 1956. 

Ben, Act 5 
of 1909, 

37 of 1954. 

X of 1955. 

2A. ‘Inc A xf , unless there is anything repugnani 2: the 
subject or contcxi,— 

(1) ‘‘anti-social” means a person who, 
th. ¢ . 

(a) is generally reputed to be desperate and 

(b) 

(C) 

(d) 

(e) 

(f) 

(g) 

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 activi- 

ties, labour or peasent movement ; or 

either by himself or as a member or leader 

of a 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 

has been convicted under the Suppression of 

Immoral Traffic in Women and Girls Act, 

1956; or 

has been convicted not less than twice under 

the Bengal Excise Act, 1909 as extended to 

the State of Tripura; or 

has been convicted under the Prevention of 

Food Adulteration Act, 1954; or 

has been convicted for offences of gambling, 

black marketing or illegal money lending by 

any criminal court; ofr 

either by himself or & an agent of any person 
act or deal with any esserffial commodity in 
a manner which is prejudicial to the mainte- 
nance or supplies and services essential to 
the life of the community ; 

(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 ; ~



LIV of 1959. 

VI of 1908. 

(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 ; 

(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 acqui- 

sition, possession or use of— 

(i) arms, ammunition or military stores as 

defined in the Arms Act, 1959 ; 

(ii) explosive substances as defined in the Explo- 
sive 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—



14 of 1947, 

Effect of the 
provisions of 
the Act when 
inconsistent 
with other 
law. 

Saving. 

Gi) any means of transport or locomoti 

necessary for the production, procurement, 

supply or distribution of «iy essential 

commodity, 

except in furtherance of an industrial dispute as defined | 
in the Industrial Disputes Act, 1947, 

Explanation—(i) Acts bonafide indicating disappro- 
bation of the policy or measures of 

the Government witha view to obtain- 

ing 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 nece- 

ssary for the procurement, supply 

and distribution of such commodity 

for the purposes of sub-clause (d). 

3. The provisions of this Act and of any orders made 

thereunder shall have effect notwithstanding anything incon- 

sistent therewith contained in any other law for the time 

being in force or in any instrument having effect by virtue of 

any such law. 

4. No prohibition, restriction or disability imposed by 

or under this Act, unless otngrwse expressly provided by an 

order made by the State Government or by an officer specially 

authorised by the State Goverhment 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 provi- 

sions of the Act 

or any orders 

made there- 

under. 

Externment, ¢tc. 
of anti-socials. 

- 

5. If any person to whom any provision of this Act 

relates or to whom any order made in pursuance ofany such 

provision is addressed or relates or who is in occupation, poss- 

ession or control gof any land, building, vehicle, vessel or other 
thing to which guch 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 ts 

in occupation, possession or control, to 
comply with such provision or order, he shall 

be deemed to have contravened such _ pro- 

vision or order. 

6. (1) Where it appears to District Magistrate— 

(a) that any person is an anti-social ; and 

(b) (G) that his movement or acts in the district or 
any part thereof are causing, or are calcu- 

lated to cause alarm, danger or harm to 

persons or property; or 

(11) that there are reasonable grounds for believ- 
ing 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 

Bengal Excise Act 1909 as extended to Tripura 

or under the Prevention of Food Adulte- 

ration 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 ap:rchen- 

sion on their part as regards the safety of their 

person or operly,



Permission to 

return tempora- 

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 aah 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, ifhe so 

desires, and also ofexamining anyother 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 (1) 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, ifany 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 period not 

exceeding six months as_ specified in’ the 
order ; 

(b) (i) requires such person to notify his move- 

ments 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. 

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 ¢ ) of section 6 to cnicr or return, lor 

atemporary period, into or to the area from which he was



Extension of 

period of 

order. 

Appeal. 

Recognization 
for certain 
purposes. 

directed to remove himself subject to such conditions as ‘ne 

District Magistrate may specify and may at any time rescind 

any such permission. 

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, inthe 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. 

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 enquiry, if any, held under section 6. 

(3) The District and Sessions Judge may, after hearing 

the parties, either confirm the order with or without modifica- 

tion 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 sections 6, 7 or 8 shall be made under 

this sub-section without hearing the Public Prosecution upon 

notice : 

Provided further that the appellant shall be entitled to 

produce additional evidences whether oral or documentary at 

any stage of such appeal but before conclusion of the hearing 

of the appeal by the Disttict and Sessions Judge. 

10. (1) The Distrigt 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



2 of 1974 

made under section 6, or has been made but 

its operation has been stayed under section 

9; or 

(>) securing the due observance of any direction, 
requircment, prohibition, restriction or condi- 
tion 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, shaJl mutatis mutandis apply in relation tosuch 
bonds as they apply in relation to bonds executed or required 
to be executed under the said Code. 

(2) In particular and without prejudice to the genera- 
lity of the foregoing provisions---- 

(a) 

(b) 

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 far as 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 satis- 

fied, 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 evarde the process of 

law. 
. & 

If any person who is required togexecute a 

bond for the observance of any ‘direction, 

requirement, prohibition, restriction or con- 

- dition fails to do so, he shall be committed



Rescission of 
order. 

Punishment for 

contravention 

of orders under 

section 3 to 6. 

Forcible remo- 

val of externed 

anti-social re- 

entering etc. in 

contravention 

of order. 

to prison or, if he is already in prison, be 
detained in prison until the period for which 
the direction, requirement, prohibition, restric. 

tion or condition is to operate or until 
within such period he execute 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) section 445, 446 and 447 of the said Code 
shall mutatis mutandis apply in relation to 

all bonds executed under this section as if 

the District Magistrate is a court. 

[l. The District Magistrate may at any time rescind 
an order made under section 6, whether or not such order 

was conlirmed on appeal under section 9. 

12. Whoever contravenes any order made under section 

6, section 7, section 8 or section 9 shall be punishable with 
regorous imprisonment for a term which may extend to two 

years or with fine or with both. 

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 himself during 

the period of operation of that order,-— 

the District Magistrate may cause him to be arrested and 

remove in police custody to such place outside the area speci- 

fied in the said order as he may direct. 

(2) Av police officer may arrest without warrant 

any person reasonabiy suspected of an act or ommission speci 

ied in sub-section (i;. and shall forthwith forward the person



Protected 
places, 

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. 

14. «1) Ifas respects 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 protec- 

ted 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 Govern- 

ment 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. 

(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 other person autho- 

rised in this behalf by the State Government may search any 

person entering, or secking 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, forthe purpose of 

search, detain suc!) person, vehicle, sssel, animal or arlicie: 

Provided that © woman shall ve searched in pur- 

suanc: of this sub-section xcept by a woman.



Protected wreas, 

(5) Ifany person contravenes any of the provision 

ol this section, then, «thout prejudice to auv other proeediigs 

wWhic.: may be taken against him, he may be removed there- 

from by any police officer or by any other person authorised 

in this behalf by the State Government. 

(6) If any person contravenes any of the provisions 

ol this section, he shall be punishable with imprisonment for a 

term which may extend to two years or with fine or with both. 

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 arca ; and thereupon, for so long as the order is in 

force, such area shall be a protected area for the purposes of 

this Act. 

(2) On and after such day as may be specified in, 

and subject to any exemptions for which provison may be made 

by an order made under sub-section (1), no person who was 

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 autho- 

rised 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, 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 seaxched in pur- 

suance of this sub-section except by a woman. 

(4) If any person is in a protected area’ in contraven- 

tion 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 4 the direction cf any 
police officer on uty in the protce: area or by any other 
person auihorised in this behalf by the State Government. 

| (5S) Ifany person 1s In a protected area in contraven- 
tion of any of 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. 

Coedine © unr 16. Any person who effects or attempts to effect entry 
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 

(>) 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 two years or with 

fine or with both. 

SAN Ot: 17. (1) No person shall do an act with intent to 
injuriously affect, whether by impairing the efficiency or 
impeding the working of anything or in any other manner 
whatsocver, or io 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, protec- 
tive bounds, sluice-gates, lockgates, bridge, 
culvert, air-ficid, air-strip or any installation 
thereon, or any telegraph line or post (as 

piace yess defined in the Indian Telegraph Act, 1885) 
AT o or any wireless installation ; 

(c) any aircraft ; 

(d) any building or other property used in 
connection with the production, distribu- 
tion or supply of any essential commodity, 
any sewage works, mine or factory ;



ATX of 1923 

Penalty for 

subversive acts. 

Punishment for: 

Carrying or posse- 

ssing any corro- 

sive substance. 

Definition of 
looting. 

(¢) any prohibited place as defined in sub-sec- 
tion (8) of section 2 of the Indian Official 
Secrets Act, 1923. 

(2) The provisions of sublsection (1) shall apply in 
relation to any omission on the gart of a person to do any-. 
thing 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 fora 
term which may extend to two years or with fine or with 
both. 

18. Ifany person commits any subversive act he shall be 
punishable with imprisonment for a term which may extend to 
two years or with fine or with both. 

19. Any person who carries on his person or knowingly 
has in his possession or under his contro! any corrosive sub- 
stance 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, 
unelss 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 aterm 
which may extend to two years, to which fine may be added. 

2. 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  distur- 
bance of the public peace occurs, or 

(b) in any area in .which a riot or disturbanc- of 
lic public peace has occurred and before Jay 
and order has been comple's!y restored in 
such area, ov



Use of force to 
step looting, 

Curfew. 

Control of 
processions, 
mectings, etc. 

(c) in circumstances such that person whose 
property is stolenor criminally misappro- 

priated is not, as a consequence of rioting 
orany other disturbance ope public peace, 
present or able to protect%uch property is 
said to commit the offené of 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. 

22. (1) For the maintenance of public order or on grounds 

of public security cr for the prevention of smuggling, the Super- 
intendent of Police or the Sub-divisional Officer 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 fora 

term which may extend to one year or with fine or with both. 

23. (1) The State Government may, by general or special order 

prohibit, restrict or impose cord tions 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 Ins- 

pector may takesuch steps and use such force, as may be 

reasonably necessary for securing conipliance with any order 

made under this section. 

(3) If any person contravenes any order made under 

this section, he shall be punishable with imprisonment for a 

term which may extend to two vears or with fine or with both.



Control of 
MOVE ne is ol 

commodilies, 
arlicles or 
things. 

Special provision 
for searches. 

24. (1) If, in the opinion’ of the State Government it is 
necessary or expecient so to do for preventing or suppressing 
subversive acts or for maintaining supplics and services essenual 

to the life of the community, it may by general or special order 

prohibit or restrict the mevement of any commodity, article or 

thing (including any vessel, vehicle, aircraft or animal) either 
generally or between any particular places or on any particular 

route, 

(2) The powers conferred by sub-section (I) 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 prejudically 

affect any order issued in that behalf by the Central Govern- 

ment 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. 

(4) If any person contravenes any order made under 

sub-section (1), he shall be punishable with imprisonment for a 

term which may extend to two years or with fine or with both 

and the court trying the offence shall order that the commodity, | 

article or thing (including any vessel, vehicle, aircraft or animal) | 
in respect of which the offence has been committed shall be 

forfeited to the State. 

25. (1) Inany area in which the State Government, as a 

consequence of apprehended danger to the public in such area, 

notifies in the Official Gazette in this behalf, any police officer 

may be in any road, street, valley, public place or open space, 

stop and search any person in such areafor the purpose of 

ascertaining whether such person is carrying, in contravention 

of any law for the time being in force, any explosive or corro- 

sive 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 with its container, if any, or 

any such weapon or article discovered during such search :



Coenizance of 

contravention 

of the provi- 

sions of the Act 

or orders made 

thercundes. 

Provided that every such search shall be made with due 

regard to deceney and no womasi shall be searched «xcept by 

(i woman, 

(2) Any pouce officer authorised ‘n this behalf by 

general or special order of the Superintendent of Police may 

enter and search any place, vessel, vehicle, aircraft or animal 
and, for that purpose, stop any vessel, vehicle, aircraft or 
animal and may seize any commodity, article or thing (includ- 

ing any vessel, vehicle, aircraft or animal) which, he has reason 

to believe, has been is being oris about to be used in contra- 

vening any order made under sub-section (1) of section 24 or 

for doing any subversive act. 

(3) Anything seized under sub-section (1) shall be 

conveyed, and any commodity, article or thing (including any 

vessel, vehicle, aircraft or animal) seized under sub-section 

(2) shall be reported without delay before a Magistrate who 

may give such directions as to the temporary custody thereof 

as he may think fit so, however, that where no prosecution in 

respect thereof 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 order as to’ the 

final disposal thereof as he deems expedient. 

26. (1) Nocourt shall takecagnizance of any alleged 

contravention of the provisions of this Act or of any order 

made thereunder, except on a report in writing of the facts 

constituting such contravention made by a public servant. 

(2) Proceedings in respect of a contravention of the 

provisions of this Act alleged to have been committed by any 
person may be taken before the appropriate Court having 

jurisdiction in the place where that person is for the time 
being. 

(3) Notwithstanding anything congained in Schedule 

Il to the Code of Criminal Procedure, 1973 a@ contravention of 

the provisions cf section 17 shall be triable by a a Judicial 

Magistrate of the first class.



(4) Any Judicial Magistrate of first class empowered 

for the time being to try in a summary way the offences speci- 

fied in sub-section (1) of section 260 of the Code of Criminal 
Procedure, 1973 may, if such Magistrate thinks fit, on applica- 

tion in this behalf being made by the prosecution, try a 

contravention of any such provisions of this Act or orders 

made thereunder as the State Government may, by order 

published in the Official Gazette, specify in this behalf in 

accordance with the provisions contained in section 262 to 265 

of the said Code. 

27. The State Government may, by order published in the —_—De!egatioa of 

Official Gazette, direct that any power or duty, which iscon- PWS 970 
ferred or imposed on the State Government by or under this — Goverament. 
Act, except the power to make rules, shall in such circum- 

stances and under such conditions, if any, as may be specified 

in the order, be exercised or discharged also by any officer or 

authority subordinate to it not being in the opinion of the 
State Government below the rank of a Superintendent of Police 

or, a District Magistrate. 

28. Notwithstanding anything contained in any law for — Presumption in 

the time being in force, in a prosecution for an offence for the — Pra*cuttoas for 
= contravention 

contravention of any order under this Act, onithe production of orders and 

of an authentic copy of the order— privilege of 
public officers 

(1) it shall, until the contrary is proved be presumed,--- nes to disclose 
acts or 

(a) that the order was made by the authority to produce 

competent under this Act to make it ; COENEN 

(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 was otherwise valid and in 
conformity with the provisions of this 

Act ; ind 

no public officer shall be compelled i.; disclose 

any fact or to produce any documei:t when he considered that 

(*)\



19 

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 5 purpose of this Act, an 

authentic copy of the order mearfs a copy certified in a manner 

prescribed under section 76 of ti Indian Evidence Act, 1872 or 

if this Act requires that the order be published in the Official 

Gazette a copy of the Official Gazette relating to the publi- 

cation of the order. 

Publication 29. (1) Save as otherwise provided by or under this Act, 

Por 1s72 

and service ; 

of orders every order made under this Act shall--- 

in (a) if it is an order of 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 

informing the persons affected by the 

order ; 

(b) if it is an order affecting a corporation or 

a firm be served in the manner provided for 

service of summons in Rule 2 of Order 

V of 1908 X XIX or in Rule 3 of Order XXX, as the 

case may be, in the First Schedule to the 

Code of Civil Procedure, 1908 5 

(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 cannot be found by 

leaving an authentic copy of the order 

with some adult male member of the 

family, or 

(iv) by aflixing such copy to some conspicu- 

ous part of the permises in whicli he ts 

tnawn to have last resided or carried 

op business or workee for gain.



(2) Where the question arises wiether a person was 

duiy formed of an order made in pursuaice of this Act, 

compliance with the requiremen's of sub-section (1) shall be 

conclusive prooi 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. 

30. Any police officer not below the rank of Inspector may seen 

arrest without warrent any person who Is reasonably suspected arrest without 

of having committed an offence punishable under this Act. All warrent. 

offences under this Act shall be non-bailable. 

31. (i) No suit, prosecution or other legal proceeding 

shall lie against any person for anything which is or 1s deemed protection of 

to have been in goed faith done or intended to be done in action taken 

pursuance of this Act or any order made or deemed to have — “8 the Act 

been made thereunder. 

(2) No suit or other legal proceeding shall lie against 

Government for any damage caused or likely io be caused by 

anythine’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 Geemed to have been made thereunder. 

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 persor committing a 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 every dav 

after the first breach during which the breach continues subse- 

quent to such conviction. 

(3) Every rule made under this section shall*be laid as 

soon as may be after it is made before the Legislatife 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



‘ch it is so laid ur the session tmmedictely following, ls: 

tiouse avrees in making any modification in the rule or the 

House agrees that the rule should not be made, ihe rule shall 

thereafter have effect only insuch modified form or be of ne 

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. 

H. DAS 

Secretary to the Government 

of Tripura.