Bare ActsThe ASSAM ·MAINTENANCE OF PUB:LIC ORDER (AUTONOMOUS DISTRICTS) ACT, 1953

Section 2

(1) The State Government, if satisfied with respect mak~ o~ders

Amendment status not verified — confirm the current text below against the official source.

(1) The State Government, if satisfied with respect mak~ o~ders .to any particular person that with a \·iew to pt·eventing him rhest!•ct 1 n g from ai,:ting in any manner prejudicial to the public safety t e move- d h . f bl. d . . . menta or ac- an t e maintenance o pu IC or er It IS necessary so to tions of cer- do may make an order- tain persons. (a) ·directing that, except in so far as he may be permitted by the •provisions or the order, or by such autho- rity or __ persons as may he specifi.:d therein, he shall not be in any such area or place -in Assam as may -be specified in the order ; )) requiring him to reside or remain in such plflce or within such area in Assam as may be specified in the order, and if he is not already there to proceed to that place or area within .· such time as may be spi;:cified m the order ; · (c) requiring him to notify his movements or to report himself or both to notify his movements and report himself in such maimer, at such times and to such autho• rity or;persons as may be specified in the order ; (d) impa,;ing upon him such r.estrictio,ns as may be specified in the oi;,der jn respect of his employment .or business, in respect of his asw ciation or communication with other persons, and in respect of his activities in rdation to the dissemination of' news or propagation of opinions ; r. '· ,,.,, R.i~.~tr. ,<· ·~,J . ~~.:~" -~ - 31 I.Cf ~:"· ~._,-; ~d (e) prohibiting or restricting the possession oi, se by . him of any such· article or articles as · may. be. "" i- fiecl fo the order ; (f) otherwise regulating his conduct m particular manner as may be specified in the order. (2) A District Magistrate may exercis'e the pawer conferred_ by sub-section (1) and an order . so made by him .shall be valid for a period not exceeding two months. (3) When any order i~ made under· sub-sectiorn('l) by a District Magistrate or by an officer or authority empowered under section 14, the District Magistrate or that officer or authority, as the case may be, shall forth- _with · report the fact to the State Government, together with the grounds on which the order has been made and such other particulars as, in the opinion of such officer or authority, have a bearing on the necessity for or expediency .of the order. · (4) An order made under sub-section (1) may require the person in respect of whom it is made to enter into a bond, with or without sureties, for the due performance of, or·-as an alternative to the enforcement of, such restrictions or conditions made in the order as may be specified . in.the order. (5) If any person is in any area or place in contraven- tio_n of an order made under the provisions of this section. or, fails to leave any area or place. in accordance with the requirements of such an order, then, he may be removed from such area or place by any police officer or by any pB,r- son acting on behalf of Governm·ent. (6) If the State Gov,ernment has reason to believe that ./ a person in respect of whom such an order as.aforesaid has b1Jen made has absconded or is concealing himself so that. th<; order cannot be executed, it may_:_ ·. (a) . make a rep9rt in writing -of the fact to a Magis- trate of the first class having jurisdiction . in the place_ where~· the said . person · ordinarily resides ; .and thereupon t' the ·spirit ·of the 1 prO\dsions of sections 87, 88" -and 89 cf · the Code :of Criminal Procedure, 1398, . shall· ·apply in respect of the said person and · his property · as if the , order under.clause .(a) ·or (b ) of . sub•section,(1) of· section 2 A1C:98 V of "were a warrant is~ued by the Magistrate ; · · . (b) by·order notified in the officiaL Gazette~ direct the' said person to· ap'pear before such· officer, at ·s·uch place and within such-period as may be specified in the· order '. and if the saia person fails to comply wit4 such directkn h~ " shall, unless he proves that it was not possible for· him to comply therewith and that he had, within the period sped· · fied· in tlie order, informed the· officer of the reason which ' · ' rendered compliance therewith impos.sible and of his where- - abouts, be punishable witli imprisonment for a term which · inay extend to one year, or with fine, orwith both. · (7) 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, and if such person has enter into a bond in pursuance of the provisions of sub-section ( 4) his bond shall be forfeit- ed, and any person bound thereby shall pay the penalty thereof,' or show cause to the satisfaction of the convicting Court why .such penalty should not be paid. (8) If any person required to enter upon a bond und~r sub-section ( 4) refuses or fai1s to do so within the time speci- fied in the order, he shall be punishable with impriso!lment for a term which may extend to one year: Provided that if during the course of tria:l or during the period the person is ir.. imprisonment the bond is duly entered upon by him, the trial or the imprisonment, as the case may be, shall abate with effect from the date the bond is entered into. Duration d d d · f · 2 of orders

Section 2 – The ASSAM ·MAINTENANCE OF PUB:LIC ORDER (AUTONOMOUS DISTRICTS) ACT, 1953 | DailyLaw.ai