LexThe ASSAM MAINTENANCE OF PUBLIC 01fDER - ACT, 1947
Assam · state statute
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ASSAM ACT V OF 1947 .._•--Le1i1~1tv• o .....
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*THE ASSAM MAINTENANCE OF PUBLIC 01fDER - -.
ACT, 1947f "
(Corrected upw 28th Februa1y 1953)
(Passed by the Assam Legislature)
[Received the assent of the Governor on the 27th
Marchl947]
An Act to enable the Provincial Govemment to provide for
1[restrictions on movement], imposition of collective fines, 2 [control
of press and publications] control of meetings and processions and of
essential services 5 • * *
for the maintenance in Assam of public order and of services
essential to the life of the community.
Preamble. WHEREAS it is expedient to enable the Provincial Govern-
ment to provide for J[restrictions on movement], imposition
and recovery of collective fines, 4 [control of press and
publications], control of meetings and processions and
of services essential to the life of the community and
purposes connected therewith in order to safeguard, prevent
and overcome, should it arise, any break-down of law and
order.
It is hereby enacted as follows: -
Short title 1. (1) This Act shall be called the Assam Maintenance
extent anl of Public Order Act, 194 7.
commence- (2) It extends to the whole of Assam.
ment. (3) It shall come into force at once.
Power to 2. ( 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tions have been repealed by the Press (Objectionable Matter) Act, 1951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.]
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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 ord er 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
1898.
earlier revoked :
Provided that the State Government may, if and so
often they deem necessary or expedient, before the date on
wliich under this section any such order would otherwise
have ceased to be in force, and after giving an oppotunity
to the person concerned to make any representation in writ
ing which he may desire to make and after referring the
ma1ter to the Advisory Council and considering its report
direct that the order shall continue in force for a further
period not exceeding one year at a time as may be specified
in the oder] .
J The words "directing that he be detained" omitted by the Assam
Act VII of 1951.
2 Substituted by Arr.endment Act, 1951 (VII of 1951).
3 The words "other ' than an order of the nature referred to in
.clause (b) of sub-section (6)" omitted by Act VII of 1951.
4 Substituted by Amendment Act, 1951 (Assam Act XXI of 1951).
5 Substituted by Amendment Act, 1951 (Assam Act XXII of 1951).
4
Ground1 of 1 4. Where an order is made in respr.ct of any person
or~!r uncle~ under sub-section (1) of section /., as soon as may be after
ni
0
t~ be the order is made, the authority making the order shaU
disclosed to communicate to the person affected thereby, so far as such
person affec- communication can be made without disclosing facts which
~~~ rby the the said authority considers it would be against the public
e · interest to disclose, the grounds on which the order has
been made against him and such other particulars as are in
the opinion of such authority sufficient to enable him to
make if he wishes a representation against the order ; and
such person may at any time thereafter makr: a representa
tion in writing to such authority against the orrler and it
shall be the duty of such authority to inform such person of
his right of making such representation and to afford him
Reference to
Advisory
Council.
Constitution
of Advisory
Council.
the earliest 1lpportunity of doing w:
2[ * * * * * * ]
3[4A. On receipt of the representation referred to in
section 4 or in case no ·representation is received, the State
Government, as soon as may be, shall place before the
Advisory Council constituted under sub-section (1) of
section 4B the grounds on which the order has been made
and in case such order has been made by an authority or
officer subordinate to them, the report made by him under
sub-section (3) of section 2 and the representation, if any,
made by the person concerned.
4B. (1) The State Government, whenever necessary,
shall constitute an Advisory Council consisting of not less
than three members, one of whom shall be a person quali
fied to be a Judge of a High Court and he shall be its
Chairman.
(2) The Advisory Council shall, after considering the
material placed before it and if necessary, after calling for
such further information from the State Government or
from the person concerned, as it may deem necessary,
submit it~ report to the State Government before the expiry
of four months from the date of the order made under sub
section (1) of section 2.
(3) After considering the report of the Advisory
Uouncil, the State Government may confirm, modify or
cancel the order made under sub-section (1) of section 2.
(4) The Chairman and the members of the Advisory
Council shall for the purpose of this Act be deem to be Act XIX of
holding office within the meaning of sub-section (6) of section 1923.
2 of the Indian Official Secrets Act, 1923.]
l Substituted by Amendment Act XXI of 1950.
% The proviso to section 4 of the Prinicipal Act is omitted by
Assam Act VII of 1951.
3 Inserted ~by Assam Act XXII of 1951,
-~ 1mposition
of collective
fines on
inhabitants
of area.
5
5. (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 mann er 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
Magistrat e'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 Magistrat e 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 Proc edure, 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 warr ant ; or
( b) as arrears of land revenue.
6. (1) The [State] 1 Government may for the purpose of
Control of 2[maintaining public order], by general or special order
meeting~. prohibit, restrict or impose conditions upon the holding processions,
etc.
1 Substitut ed by A. Q., 1950 for "Provincial" .
2 Substitut ed by Assam Act Vii of 1951 for the word•
"securing public safety, public ord er or supplies and services essential
to the life of the community".
Act V of
1898.
Act V of
1898,
/
d
of processions, m.eeti.ngs or assemblies by a class of
persons or orgamzations whose activities, in the opinion
of the [State] 1 Government, are subversive of law and order.
(2) If any person contravenes any order issued under
this section, he shall be punishable with imprisonment
which may exteml. to two years or with fine or with both.
Control of 7. (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
ac tion is necessary for the purpose of preventing any
ac tivity 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 a ny 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 a ppears to the State Government that
an order made or direction given under this section is
contravened, the Stat e 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, periodi cal, book or docu rnent shall be seized
and detained.
2 [ "Explanation.- For the purpose of this section
"print er" includ es a " keeper of a printing press" and the
"press" shall have th e 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 activiti es, which in their opinion undermine
:J::;a;~~n- the security of, or tend to overthro w the State] by g€neral or
es, etc. special order, prohib it, 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-clau se (IV) r e-numb•red as sub-clause . (iii) which is omitted
by Assam Act VII of 1951.
2 Ins erted by Assam Act XXI ofl950 .
3 See foot note 3 prepage.
4 Substitut ed by A. 0 ., 1950 for the w:>rd "Provincial".
5 Substitut ed by Assam Act Vil of 1951 for the words "securing or
ma intainin g public sa fety, public o rder, or preventing or suppressing
activitie~ whi ch in the opini on 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
5 LS'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 10. No suit, prosecution or other legal proceeding
of action shall lie against any person for anything in good faith done
to be taken or intended to be done in pursuance of this Act.
under this
Act. 11. The _ provisions of this Act shall be in addition to
Application and not in derogation of any other Act, Ordinance or
of other Regulation for the time being in force.
Jbaws d not 12. Any police officer may arrest without warrant any
arre • h · bl d f h · · d person w o is reasona y suspecte o avmg comm1tte
Power to 4 [or of being about to commit] ***5 an offence punishable
arrest with- under this Act.
out
rant.
war-
I Substituted by Assam Act VII of 1951 for the words ' 'endanger
the safety or stability of the State."
2 See foot-note 2 prep age.
3 Substituted by Assam Act VII of 1951 for section 9 of
the principal Act.
4 Inserted by Assam Act XVIII of 1949.
s The words "or, is likely to commit" omitted by Assam Act XXI
of 1950.
6 Vid1 Adaptation of Laws Order, 1950.
A.G . P. \Leg.) No.36/52-1500-14-3-1953.