Amendment status not verified — confirm the current text below against the official source.
( l) The [State Government] 6 , if satisfied with res- make orders pect to any particular person that with a view to preventing restricting him from acting in any manner prejudicial to the public the t move- safety and the maintena.nce of public order it is necessary so mens or ac- tions of cer- to do, may make an order- tain persons. §(a) directing that, except in so far as he may be per- mitted by tpe provisions of the order, or by such authority or persons as may be specified therein, he shall not be in any such area or place in Assam as may be specified in the order ; *ForStatementofObjects and Reasons see Assam Gazette, 19H, Part V, page 71. I and 3-Substituted by Assam Act of 1950 (XXI of 1950) for the words "preventive detention." 2 and 4-lnserted by Amendment Act of 1949 (XII of 1949). Provisions in the Act so far as they relate to control of press and publica- tions have been repealed by the Press (Objectionable Matter) Act, 1951 (No. LVI of 1951). S 'J he words "Connected with matters within the exclusively Provincial Legislative field" omitted by Assam Act VII of 1951. 6The words "Provincial Government" has been changed to "State Government"-Vide Adaptation of Law§ Order, 1950. tApplied to Partially Excluded areas under section 92 of Govern- ment of India Act, 1935 vide Notilicoifr.Jn No. HMl.31/47, dated 1st April 1947. Extended to Naga Hills under Notification No.L.163/46/34- AD., dated 20th December, 1947 and to other Excluded Areas under ..Notifo;ation No.L.163/46/41-AD., dated 15th June, 19·18. ;,. .. / § The original clause (a) which ran as follows was omitted by Assam Act XXI of 1950 and subsequent clauses were renumbered. "(a) directing that he be detained". Lfrie1 annas 2 or 2d.] - < . ' ------------- -----------------------------------------··----- , - 2 (b) ·requiring him to reside or remain in such place _or within such area in Assam as may be specified in the oraer, and if he is not already there to proceed to that place or area within such time as may be specified in the order ; (c) requiring him to notify his movements or to report himself or both to notify his movements and report himself in such manner, at such times and to such authority or per~on as may be specified in the order ; (d) imposing upon him such restrictions as may be specified in the order in respect of his employment or business, in respect of his association or communication with other persons, and in respect of his activitie~ in relation to the dissemination of news or propagation of opinions ; (e) prohibiting or restricting the posses~ion or use by him of any such article or articles as may be specified in the order; (f) otherwise regulating his conduct in any such particular manner as may be specified in the order. (2) A District Magistrate may exercise the power con- ferred by * *5 sub-section (1) and an order so made by .him shall be valid for a period not exceeding two months. 1 [(3) When any order is made under sub-section (1) by a District Magistrate or by an officer or authority empowered under section 9, the District Magistrate or that officer or authority as the case may be shall forthwith report the fact to the' [State]6 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 bear- ing 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- tion 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 2 * * * * he may be removed from such area or place by any police officer or by any person acting on behalf of Government. 3* * * * * '[(6)] If the [State) 6 Government has reason to believe that a person in respect of whom such an order as 1 Substituted by Amendment Act of 1949 (XII of 1949). 2 The w-irds "without prejudice to the provisions of sub-section (6)" omitted by Amendment Act of 1951 (VII of 195l). 3 Original sub-section (6) omitted by Assam Act VII of 1951. f. Sub-sections (7) and (8) re-numbered as sub-sections (6) and (7) by Assam Act VII of 1951. 5 The words "clause (a) of" omitted by Assam Act XXI of 1950. 6 Substituted by A. 0., 1950 for "Provincial". 3 aforesaid has been made 1* * * has absconded or is concealing himself so that the order cannot be execut- ed, it ~ay- . .· (a) make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides ; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure, 1898, shall apply in respect of the said person and his property as if the order 2 [under clause (a) or ( b) of sub-section ( 1) of section 2] were a warrant issued by the Magistrate ; (b) by order notified in the official Gazette, direct the said person to appear before such officer, at such place, and within such period as may be specified in the order ; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer 0£ the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (7) If any person contravenes any order made under this section, a • * * * * • he shall be punishable with imprisonment for a term which may extend to orie year, or with fine, or with both, and if such person has entered into a bond in pur- suance of the provisions of sub-section [(4)] 4 his bond shall be forfeited, and any person bound thereby shall pay the penal- ty thereof, or show cause to the satisfaction of the convic- ting Court why such penalty should not be paid. Duration 5{3. An order made under sub-section (1) of section 2 of orders shall be in force for such period as may be specified but not ~nder sec- exceeding one year from the date on which it is confirmed t10n 2. or modified under sub-section (3) of section 4B, unless Act V of