Section 4 in THE BOMBAY PUBLIC SECURITY MEASURES ACT, 1947
4. Orders on representation
On receipt of a representation under section 3, the Provincial Government may either annul or confirm the order or modify it or make any other order which it could have made under sub-section (1) of section 2.Section 5 - Control of essential services(1)If the Provincial Government is of opinion that any employment under the Provincial Government or any other employment or class of employment connected with any matter specified in List II or List III in the Seventh Schedule to the Government of India Act, 1935 (26 Geo. 5, Ch. 2), is essential for purposes of public safety, the maintenance of public order or maintaining supplies or services essential to the life of the community, it may notify such employment or class of employments in the Official Gazette accordingly and may direct, by general or special order, that any person or persons engaged in such employment or class of employments shall not depart out of such area or areas as may be specified in such order.(2)An order made under sub-section (1) shall be published in such manner as the Provincial Government considers best calculated to bring it to the notice of the persons affected by the order.(3)Where any employment or class of employments has been notified under sub-section (1),(i)every person engaged in such, employment,(a)who disobeys any lawful order given to him in the course of such employment, or(b)who without justifiable excuse abandons such employment or absents himself from work, or(c)who departs from any area specified in an order under sub-section (1) without the permission of the Provincial Government, and(ii)every employer in such employment who, without justifiable excuse?(a)discontinues the employment of any person engaged in such employment, or(b)causes the discontinuance of the employment of any person engaged in such employment by closing an establishment in which he is engaged, shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine or with both.Explanation 1.--Abandonment of employment or absence from duty by any person merely for fear of molestation, intimidation or assault by any person or class of persons shall not constitute a justifiable excuse within the meaning of clause (i) (b).Explanation 2.--A person abandons his employment within the meaning of clause (i) (b), who, notwithstanding that it is an express or implied term of his contract of employment that be may terminate his employment on giving notice to his employer of his intention to do so, so terminates his employment without the previous consent of the Commissioner of Police, or the District Magistrate, or the Additional District Magistrate.(4)If the person contravening any of the provisions of this section is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.(5)Where any person is prosecuted under clause (i) (b) or clause (ii) of subsection (3), the burden of proving that he had a justifiable excuse shall be on him.
