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

Section 5

On recei'

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

On recei'.i'>t of the representation referred to in seed tion 4 or in case no re-presentation is received, the State Cpvernnjent, as soon as may l;:>e, , shall place .before the Adviso_ry Councir constituted under sub-section (1) of section 6 the gr,ounds on -which the order has 'been made and· in case such order has been made by an authority or officer subordinate to it, the report made by him under sub-section (3) of section 2 and the representation, if any, made by the p~rson concerned. · r ' 33 tloc:.~rtu-." . 6. (l)_ The State. Governrnep,t, wh~n~ver nesessary, Yisoryo Ad sliall constitute an Advisory Council, cqns}stmg of 1not , l 1e~s Council. than three members, one of whom shall be a r erson quali- fied to be a Judge of a High Court and he shal be its Chair- . . man, . (2) The Advisory Council shall, after considering. the material placed before it and if necessary, after eallinf for' such further information from the State Governmen't or fr'om th'e person concerned, as it may deem necessary, submit its report to the State Government before the expiry of fout; i months from the date of the order made under sub-section (1) of section 2. · '' ' . (3) After considering the· report of the Advisory; Coun- ' cil, 'the State Government may confirm,'· modify or cancelJ th'e order made under sub-section ·(l•) of section 2. ',1, ' ;:;L s , , ,, I • ~ > J , .t.,;(f (4) The Chairman and the members of the Atjyis9ty , Council shall for the purpose of this. Act be deemed to be holding office within the meaning of sub-section· (6) of sc;ction 2 of the Indian Official Secrets Act, 1923. ' I, ' .t.. • - Act XIX of 1923, Imposition ' •- 7. (1) If.it appears to the State Government that the ~ collect~ve inhabitants of any area are concerned in or abetting the baw~:t, 1 ~£ commission . ~r offences prejudicially, affeqing the public. cw area. ·safety or the maintenance of public order, or the maintenance ' . of i;upplies or services ' necessary to ; the' Jife' of .the con~mu~ - nity,: or ilre ·hkrb6urlng ,persons con'cerned · i~ the '~om~issioni of ,.~J.ICh offences,' or are failing Jo re,nder, all the assista;nce, in .. their power to discover or apprehend 'the· offender or offen- ders ,or are suppressing material evidence of the commission of 11ucp offences, the State Governm ~nt may, by notification . in the' official Gazette, impose a collective fine on the in- habi~.l\nts of that hrea : · . r ,.. ' •• ~.fovided that an imposition of a collective ,fine by any.,;. authority on whom the power µiay , have beeri delegated' uril:let 'rhis Act may be made . by ·'publication of the order ~; imr,osing the fiqe in any such manner 'as such authority may' consider b'est calculated to bring the order to . the notice of the inli~bitants o( the area. concerned. · ., . I '• N~ 1>1',(2) The State Government or any officer empower.ed in ·t;his"b'ehalf by the State Government b'y general or speCial' order may exempt any person or class ··or section of such ,inhabitants froin liability to pay any portion of such fine. - ~: \ ,J ._(J,) t (3) The-District Magistratei:·Mtl!r focli inquit/1 ~s he ma:y deem necessary, shall apportion su&h. fine a:l:nong the inh~bitants who are liable collectively to. pay it, and such apportionment' shall be made according to the District Magistrate's · judgment df'the respective Jf1eans of such in- habitants. (4) In any such apportionment the District Magistrate may assign a ~portion of such fine to a joint or undivided · family to be payable by it. · lH_10 ;I J;l:: ,;,f .... ~.): "'' . ... ·);1-z. Control of ' meetings, processio os, etc. Control of camps, drills or parades 34 . '(5) The · p6rti'on aU9.ch fi·ne payable br any pe'rson C-in'cIU'aing a Fiih"du ufi'.di\lldM fami'ly) ·may 'be i:"ecdvere'd-'- (a) in the m.-annet provided by the Code bf Criminal Procedure, ·1898, for the recovery of fines imposed by. a Court, .as .i'f sucli portion were a fine imposed by the D1s- trict·Magistrate· acting as a Court: · ·.' . Prnvided that ' the ·mate Government 1µay, ill lieu of the rules referred to in sub-section (2) of section ~S'6 of the Qode of Criminal Procedure, l89~, make rules under tliis Act regulating the manner in which warrants under Clause (a) of ·su b-seotioE (J) of the said section. of the .said· Coae ai'e to be .e'xec~ted, . and for Jhe Summary deterinination of any cfaims made 1oy· ani person other (han the . person liai61e to pay the fin·e in-respect of any property attachea·'in execution of't'fie warrant ; or ·. . . . . ' (~r as·ar;ear of larid revenue.

Section 5 – The ASSAM ·MAINTENANCE OF PUB:LIC ORDER (AUTONOMOUS DISTRICTS) ACT, 1953 | DailyLaw.ai