Bare ActsThe ASSAM MAINTENANCE OF PUBLIC ORDER - ACT, 1947

Section 5

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

(1) If it appears to the [State] 1 Government that the inhabitants of any area are concerned in or abetting the commission of offences prejudicially affecting the public safety or the maintenance of public Ol'der, or the mainte- nance of supplies or services necessary to the life of the community, or are harbouring persons concerned in the commission of such offences, or are failing to render all the assistance, in their power to discover or apprehend the offender or offenders or are suppressing material evidence of the commission of such offences, the [State J 1 Government may, by notification in the ofhcial Gazette, impose a collec- tive fine on the inhabitants of that area : Provided that an imposition of a collective fine by any authority on whom the power may have been delegated under this Act may te made by publication of the order imposing the fine iri any such manner as such authority may consider b,.st calculated to bring the order to the notice of the inhabitants of the area concerned. (2) The [State ]1 Government or any officer empowered in this behalf by the [State]1 Government by general or special order may exempt any person or class or section of such inhabitants from liability to pay any portion of such fine. (3) The District Magistrate, after such inquiry 11s he may deem necessary, shall apportion such fine among the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the District Magistrate's judgment of the respective means of such inhabitants. ( 4) In any such apportionment the District Magistrate may assign a portion of such fme to a joint or undivided family to be payable by it. (5) The portion of such fine payable by any person (im:luding a Hindu undivided family) may be recovered- (a) in the manner provided by the Code of Criminal Procedure, 1898, for the recovery of fines imposed by a Court, as if such portion were a fine imposed by the District Magistrate acting as a Court: Provided that the [State] 1 Government may, in lieu of the rules referred to in sub-section (2) of section 386 of the Code of Criminal Procedure, 1898, make rules under this Act regulating the manner in which warrants under clause (a) of sub-section ( 1) of the said section of the said Code are to be executed, and for the summary determination of any claims made by any person other than the person liable to pay the fine in respect of any property attached in execution of the warrant ; or ( b) as arrears of land revenue.

Section 5 – The ASSAM MAINTENANCE OF PUBLIC ORDER - ACT, 1947 | DailyLaw.ai