Amendment status not verified — confirm the current text below against the official source.
(1) The [State]1 Government may in the interest camps, drill z [* * * *] of public order by an order or parades. prohibit, or impose such conditions as may be necessary Control publica- tions, etc. on, the holding of camps or performance of drill or parade with or without arms, or any article, w~apon or implement capable of being used as arms by any class of persons or organizations whose a.ctivities are in the opinion of the [State] 1 Government subversive oflaw and order. (2) Any contravention of an order made under this section shall be punishable with imprisonment which may extend to two years or with fine or with both. of 3 (8] (l) The [State] 1 Government, if satisfied that such action is necessary for the purpose of preventing any activity 4 [which undermines the security of or tends to overthrow the State] or any part thereof~ may- (a) by order in writing prohibit either absolutely or for a specified period the bringiug into, or sale or distribution or circulation within, the State of any news- paper, periodical, book, leaflet or other document specified in the order ; (b) by an order in writing addressed to any printer, publisher or editor or generally to all printen, publishers, or editors or to such class of printers, publishers or editors as may be specified therein,- (i) prohibit either absolutely or for a specified period the printing or publication of any matter relating to a particular subject or class of subjects in any particular issue or issues of a newspaper or perio- dical or in any book or in any other docu- ment whatsoever ; (ii) require that any matter relating to or ansmg out of any matter published in any previous issue of any newspaper or periodical be published in any particular issue of such newspaper or periodical in such manner as may be specified in the orJer ; I Substituted by A. 0., 1952 for "Provinical". 2 Th words "of public security or maintenance" omitted by Assam Act Vii of 1951. 3 Sections 8 and BB deleted by Assam Act VII of 1951 and sec- tions BA, BC, BD, BE, BF renumbered as sections B, BA, BB, BC, BD respectively. The provision in section B has been repeakd by the Press (ObjectionaLle Matter) Act, 195 l (Act LVI of 1951). ~ Substituted by Amendment Act uf 1950 (XXI cf 1950) for the words "prejudicial to public safety, the maintenance of public order or the tranquility of the State." 7 1 (iii) Prohibit either absolutely or for a specified period the publication of any newspaper, periodi- cal, book or any other document whatsoever or the use of any Press. (2) The officer referred to in sub-clause (iii) of clause (b) of sub-section (1) may after scrutiny of the matter, issue a direction either prohibiting its publication or per- mitting its publication with such modifications as he may deem necessary. (3) If any person contravenes any order made or direction given under this section, he shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine or with both. (4) Where it appears to the State Government that an order made or direction given under this section is contravened, the State Government may, without prejudice to the penalty prescribed in sub-section (3), direct that any copy wherever found of the newspaper or periodical or any issue thereof, or book or other document, in respect of which the order or direction appears to have been contravened or any printing press or other instrument or apparatus used in the printing or production of any such newspaper, periodical, book or docu rnent shall be seized and detained. 2 [ "Explanation.- For the purpose of this section "printer" includes a " keeper of a printing press" and the "press" shall have the same meaning as is assigned to Act XXIII that word in the Indian Press (Emergency Powers) Act , of 1931. 1931"]. Control of 3[8A] (1) The [State]4 Government may, for the purpose use Jf loud- of S[preventing activities, which in their opinion undermine :J::;a;~~n- the security of, or tend to overthrow the State] by g€neral or es, etc. special order, prohibit, restrict or impose conditions on- (i) the use or operation in any street, square, public place or any other place of any apparatus for amplifying the human voice, or any reproduction of the human voice, such as a megaphone or an electrically operated loudspeaker ; and (ii) the use or operation or driving in any street, square, public place or any other place of any vehicle which carries or has attached to it any apparatus referred to in sub-clause (i). (2) If any person contravenes any order issued under this section, he shall be punishable with imprisonment whic.h may extend to two years or with fine or with both. J. Suh-clause (IV) re-numb•red as sub-clause. (iii) which is omitted by Assam Act VII of 1951. 2 Inserted by Assam Act XXI ofl950. 3 See foot note 3 prepage. 4 Substituted by A. 0 ., 1950 for the w:>rd "Provincial". 5 Substituted by Assam Act Vil of 1951 for the words "securing or ma intaining public sa fety, public o rder, or preventing or suppressing activitie~ which in the opinion of the State Government are subversive of law and order." 8 (3) The apparatus referred to in sub-clause (i) together with the vehicle, if any, to which it may be attached shall be liable to be forfeited to [Government] i if it be used or operated in contravention of an order passed under this sectien. Prevention 2(8B]. (1) No person shall, without lawful authority of prejudi- or excuse - cial act and (a) d~ any prejudicial act ; or report. 3(b) make, print, publish, distribute or exhibit any document containing, or spread by any other meaus what- soever, any prejudical report. (2) The author, editor, printer or publisher of, and any person who otherwise makes, produces or exhibits, any prejudicial report and any person who distributes or sells any report of that nature, knowing it to be of such nature shatJ1 be deemed to have contravened this section. .. · (3) If any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for a term which may extend to two years or with fine or with both: Provided that in any proceedings arising out of a con- travention of this section,- (a) in relation to the making or printing of any docu- ment, it shall be a defence for the accused to prove that the said document was made or printed, as the case may be,- (i) before the Assam Maintenance of Public Order (Second Amendment) Act, 1949 came into force, or (ii) with the permission or under the authority of the 5[State] Government, or (iii) as a proof intended for submission to the s[State I Govevnment or to a person or authority designated by the 5LS'tate] Government in this behalf with a view to obtaining permission for its publication ; (b) in relation to the publication of a11y document it shall be a defence for the accused to prove that the said document was published with the permission or under the authority of the 5[State] Government. Explanation.-For the purpose of this section·- 4[ (a)"pr<"judical act" means any act, including shouting slogans, which is intended or is likely to undermine the security of, or tends to overthrow the State.] (b) ''prejudical report" means any report, statement, utterance or visible representation, which is, or the publish- ing of which is, an incitement to the commission of a preju- dicial act: 1 Substituted by the Adaptation of Laws Order, 1950 for the words "His Majesty". 2 See foot-note 3 prepage. 3 The provisiom in section SB so far as they relate to pr~judicial report are repealed by the Press (Objectionable Matter) Act, 1951 (Act Vl i;f 1951). 4 Sub•tituted by Assam Act VII of 1951. s Vid1 Adaptation of Laws Order, 1950, ...._ _______________________________________ ___ _ _., J 9 Provided that bona.fide acts indicating disapprobation of the policy or measures of the Government with a view to Obtain their alteration by lawful means shall not be deemed to be acts which are intended or are likely to 1[undennine the security of or tend to over throw the State]. power of 2[8C.] (1) The 6[State] Government or any Dist.rict photograph- Magistrate may further direct a person on whom any order ing, etc. under section 2 of this Act has been passed that such person shall- · (a) allow himself to be photographed ; (h) allow his finger and thum-impressions to be taken; and (c) furnish specimens of his handwriting and signa- ture. (2) If any person contravenes any order issued under this section, he shall be punishable with imprisonment for a term which may extend to two years or with fine or with both. Punishment 2[8DJ. Any person who carries on his person or know- for carrying ingly has in his possession or under his control any corrosive or possessing substance or liquid, under such circumstances as to give rise a_ny corrbo- to a reasonable suspicion that he does not carry it on his s1ve su - h · · h' · d h" 1 r stance or person or ave it in 1s possession or un er 1s contro 1or liquid. a lawful object, shall, unless he can show that he was carry- ing it on his person, or that he had it in his possession or under his control for a lawful · object, be punishable with imprisonment for a term which may extend to two years or with fine or with both. Delegation 3[9. The State Government may by order direct that of powers any powrr or duty except the power to make orders under and duties section 2(1) (a) and (b), which is conferred or imposed on 0 0f State the State" Government shall in such circumstances and 0 v e r n- d h d" . "f b 'fi d . b ment. un er sue con 1tions, 1 any, as may e spec1 e int at direction be exercised or discharg~d by an officer not below the rank of a District Magistrate or Additional District Magistrate.] Protection