THE POLICE (INCITEMENT TO DISAFFECTION) (BOMBAY EXTENSION AND AMENDMENT) ACT, 1958

ACT No. LXXVII OF 1958

(7th October, 1958)

An Act to extend the Police (Incitement to Disaffection) Act, 1922 to the Saurashtra and Hyderabad areas of the State of Bombay

WHEREAS the Police (Incitement to Disaffection) Act, 1922, extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States;

AND WHEREAS in the Saurashtra area of the State of Bombay there exists the Police (Incitement to Disaffection) Act, 1922, as modified and applied to that area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948

AND WHEREAS in the Hyderabad area of the State there is no corresponding Act;

AND WHEREAS it is expedient that the Police (Incitement to Disaffection) Act, 1922, as extending to the rest of the State of Bombay be extended to the Saurashtra and Hyderabad areas of the State and that Act in its application to the whole of the State be further amended for certain purposes hereinafter appearing and in consequence thereof the corresponding Act aforesaid in the Saurashtra area be repealed;

It is hereby enacted in the Ninth Year of the Republic of India as follows —

SECTION 01: SHORT TITLE

This Act may be called the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958.

SECTION 02: EXTENSION OF ACT XXII OF 1922 TO SAURASHTRA AND HYDERABAD AREAS OF BOMBAY STATE

The Police (Incitement in Disaffection) Act, 1922 (hereinafter referred to as “the principal Act”) is hereby extended to the Saurashtra and Hyderabad areas of the State of Bombay.

SECTION 03: AMENDMENT OF SECTION 1 OF ACT XXII OF 1922

In Section 1 of the principal Act—

(1) to sub-section (2), the following proviso shall he added, namely

“Provided that on the commencement of the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 958, it shall extend to the Saurashtra and Hyderabad areas of the State of Bombay.”;

(2) to sub-section (3), the following proviso shall be added, namely — “Provided that on the commencement of the Police

(Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958, it shall come into force in that part of the Saurashtra area of the State of Bombay in which the Police (Incitement to Disaffection) Act, 1922; as modified and applied to that area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, was in force immediately before such commencement.”

SECTION 04: AMENDMENT OF SECTION 2OF ACT XXII Of 1922

To Section 2 of the Principal Act, the following shall he added, namely

“or any corresponding law for the time being in force in any part of the Bombay State.”

SECTION 05: INSERTION OF NEW SECTION 7 IN ACT XXII OF 1922

After Section 6 of the principal Act, the following section shall be inserted, namely —

“7. Repeal and saving :—The Police (Incitement to Disaffection) Act, 1922, as modified and applied to the Saurashtra area of the State of Bombay by the State of Saurashtra

(Application of Centre and Bombay Acts) Ordinance, 1948, is hereby repealed

Provided that such repeal shall not affect—

(a) the previous operation of the law so repealed, or

(b) any punishment incurred in respect of any offence committed against any of the provisions of the law so repealed,

(c) any investigation, legal proceeding or remedy in respect of such punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such punishment may be imposed, as if this Act had not been passed.”

SECTION 06: AMENDMENT OF SCHEDULE TO ACT XXII OF 1922

In the Schedule to the principal Act, to the entry under the heading “Bombay Acts”, the following shall be added, namely — “1951 XXXV The Bombay State Reserve Police

Force Act, 1951”