The ASSAM MAINTENANCE OF PUBLIC ORDER (AUTONOMOUS DISTRICTS) ACT, 1953

30 
AS£AM ACT XVI OF ·1953 
THE ASSAM ·MAINTENANCE OF PUB:LIC ORDER 
(AUTONOMOUS DISTRICTS) ACT, 1953 
(passed by the A~sembly) 
(Received the assent o£the Governor on the 26th May. 195!) 
Preamble. 
[Published in the Assam Gazette, dated 3rd June 1953] 
An 
Act 
to amend and · consolidate the law relating to the maintenance of 
public order in the Autonflmous Districts specified in Part A 
of the table appended .to paragraph 20 of the Sixth Schedule 
to the Constitution. 
WHEREAS it is expedient to amend and consolidate the 
law relating to the Maintenance of Public Order in the 
Autonomous Districts specified in Part A of tbe table ap· 
pended ·to paragraph 20 of the Sixth Schedule to the Ccmsti­
tution ; 
It is hereby~enacted as follows:-
Short tit!~, 1. (1) This Act may be called the Assam Maint enance 
extent and of Public Ord1:r ·(Autonomous Districts ) Act, 1953. 
commence· 
ment. 
(2) It shall extend to all the Autonomous ·Districts 
specified in Part A of the table appended to paragraph 20 
of the Sixth Schedule to the Constit ution ; 
(3) It shall come into force at onc e. 
Power to 2. (1) The State Government, if satisfied with respect 
mak~ o~ders .to any particular person that with a \·iew to pt·eventing him 
rhest!•ct 1 n g from ai,:ting in any manner prejudicial to the public safety 
t e move- d h . f bl. d . . . menta or ac- an t e maintenance o pu IC or er It IS necessary so to 
tions of cer- do may make an order-
tain persons. (a) ·directing that, except in so far as he may be 
permitted by the •provisions or the ord er, or by such autho­
rity or __ persons as may he specifi.:d therein, he shall not be 
in any such area or place -in Assam as may -be specified in the 
order 
; )) requiring him to reside or remain in such 
plflce or within such area in Assam as may be specified in 
the order, and if he is not already there to proceed to 
that place or area within .· such time as may be spi;:cified m 
the order ; · 
(c) requiring him to notify his movements or to 
report himself or both to notify his movements and report 
himself in such maimer, at such times and to such autho• 
rity or;persons as may be specified in the order ; 
(d) impa,;ing upon him such r.estrictio,ns as may 
be specified in the oi;,der jn respect of his employment .or 
business, in respect of his asw cia tion or communication with 
other persons, and in respect of his acti vities in rd ation to 
the dissemination of' news or propagation of opinions ; 
r. 
'· 
,,.,, R.i~.~tr. 
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31 I.Cf ~:"· 
~._,-; ~d 
(e) prohibiting or restricting the possession oi, se 
by . him of any such· article or articles as · may . be. "" i-
fiecl fo the order ; 
(f) otherwise regulating his conduct m 
particular manner as may be specified in the order. 
(2) A District Magistrate may exercis'e the pawer 
conferred _ by sub-section (1) and an order . so made by him 
.shall be valid for a period not exceeding two months. 
(3) When any order i~ made under · sub-sectiorn('l) 
by a District Magistrate or by an officer or authority 
empowered under section 14, the District Magistrate or 
that officer or authority, as the case may be, shall forth-
_with · report the fact to the State Governm ent, 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 bearing 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
tio_n of an order made under the provision s of this section . 
or, fails to leave any area or place. in accordance with the 
requirements of such an order, then, he may be removed 
from such area or place by any police officer or by any pB,r­
son acting on behalf of Governm ·ent. 
(6) If the State Gov,ernment has reason to believe that ./ 
a person in respect of whom such an order as.aforesaid has 
b1Jen made has absconded or is concealing himself so that . 
th<; order cannot be executed, it may_:_ 
·. (a). make a rep9rt in writing -of the fact to a Magis-
trate of the first class having jurisdiction . in the place _ 
where~· the said . person · ordinarily resides ; .and thereupon t' 
the ·spirit ·of the 1 prO\dsions of sections 87, 88" -and 89 cf · 
the Code :of Criminal Procedure, 1398, . shall · ·apply in 
respect of the said person and · his property · as if the 
, order under .clause .(a) ·or (b ) of . sub•section ,(1) of· section 2 A1C:98 V of 
"were a warrant is~ued by the Magistrate ; · 
· . (b) by ·order notified in the officiaL Gazette~ direct 
the' said person to · ap'pear before such· officer, at ·s·uch place 
and within such -period as may be specified in the· order '. 
and if the saia person fails to comply wit4 such directkn h~ 
" shall, unless he proves that it was not possible for· him to 
comply therewith and that he had, within the period sped· · 
fied· in tlie order, informed the· officer of the reason which ' · ' 
rendered compliance therewith impos.sible and of his where-
- abouts, be punishable witli imprisonment for a term which 
· inay extend to one year, or with fine, orwith both. 
· (7) If any person contravenes · any order made under 
this'section, he shall be punishable with imprisonment for a .. 
term which may extend to one year; or with fine, or with 
both, and if such person has enter into a bond in pursuance 
of the provisions of sub -section ( 4 ) his bond shall be forfeit­
ed, and any person bound thereby shall pay the penalty 
thereof,' or show cause to the satisfaction of the convicting 
Court why .such penalty should not be paid . 
(8) If any person required to enter upon a bond und~r 
sub-section ( 4) refuses or fai1s to do so within the time speci­
fied in the order, he shall be punishable with impriso!lment 
for a term which may extend to on e year: 
Provided that if during the course of tria:l or during the 
period the person is ir.. imprisonment the bond is duly 
entered upon by him, the tri al or th e imprisonment, as the 
case may be, shall abate with effect from the date the bond 
is entered into. 
Duration d d d · f · 2 of orders 3. An or er ma e un er sub- sect 10n (1) o section 
under sec· shall be in force for such period as may be specified but not 
tion 2. exceeding one year from the date on which it is confirmed 
or modified under sub- section (3) of section 6 unless earlier 
revoked: · 
Provided that the State Government may, if and so 
often it deems nec essary or expedient, before the date on 
which und er this section any such order would otherwise 
have ceased to be in force, and after giving an opportunity to 
the person concerned to make any representation in writing 
which he may desire to mak e and aftef' referring the matter 
to the Advisory Counci l and considering its report direct 
that the order shall continue in for ce for a forther period 
not exceeding one year at a time as may be specified in 
the order. 
Grounds of · 4. Where an order is made in respect of any person 
order under under sub-section (1) of section 2, as soon as may be after 
section .2 (1) the order is mad e, the authorit y rnaking the order shall 
t~ bed d;s- communicate to the person affected thereby, so far as such 
~~~~n ° , communication can be m ade without disclosing facts which 
affected by 1 the said authority considers it would be against the public 
the order· interest to .. di~close, the grounds on which the order has been 
• made against him and such other particulars as are in the 
' opin_ion·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 make a representation 
in writing to such authority against the order and it shall 
be the duty of such authority to inform such person of his 
right of making such representation and to afford him the 
Reference 
to Advisory 
Council. 
earliest opportunity of doing so. 
5. On recei'.i'>t of the repre sentation 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 ord er 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 ' 
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tloc:.~rtu-." . 6. (l)_ The State. Governrnep,t, wh~n~ver nesessary, 
Yisoryo Ad sliall constitute an Advisory Council , cqns}stmg of 
1
not , l1 e~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) Th e 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 n ecessary, submit its 
report to the State Government before the expiry of fout ; 
i months from the dat e of the order made under sub-section 
(1) of section 2. · '' ' . 
(3) After considerin g the · rep ort of the Advisory ; Coun- ' 
cil, 'the State Government may confirm ,'· modify or cancel J 
th'e order made und er sub-section ·(l•) of secti on 2. ',1, ' ;:;L 
s , , ,, I • ~ > J , .t.,;(f 
(4) The Chairman and the members of the Atjyis9ty , 
Council shall for the purp ose of this . Act be deeme d t o be 
holding office within the meaning of sub-secti on · (6) of 
sc;ction 2 of th e Indian Official Secrets Act, 1923. 
' I, ' .t.. • -
Act XIX 
of 1923, 
Imposition ' •- 7. (1) If.it app ears to the State Government th at the 
~ collect~ve inhabitants of any area are concerned in or abett ing 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 'th e· 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 delega ted ' 
uril:let 'rhis Act may be made . by ·'publication of the order ~; 
imr,osing the fiqe in any such manner 'as such aut hority ma y' 
consider b'est calcul ated to brin g 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 liabil ity 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 appo rtio n 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 
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... ·);1-z. 
Control of 
' meetings, 
processio os, 
etc. 
Control of 
camps, 
drills or 
parades 
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. '(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.-anne t 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 
1
oy· ani perso n other (han the . person liai61e to 
pay the fin·e in-respect of any property attachea ·'in execution 
of't'fie warr ant ; or ·. . . . . ' 
(~r as ·ar;ear of larid revenue. 
8. (1) The Stare· 'Gov-ernmen't may 'for fne· p't1ipose bf 
maintaining public order by general or special order 
prohibit; re ~trich'>r · irnpa e cdnaitions ' l!IJ0_n:t4e· hdlCli'rig of 
pr6'ces~rons ·1 ~meetings or '.assemblie's"by ·a. dass ~of·"p"efsons_ ·oi: 
ofganisatiotls 'whose -1 activities, ·in the -' dpfo~oti" of'fne S't'a'te 
Goverrtment Tate 'sil'bvetS1ive of lalw-aird otde-r. - -
'(2') If ihy person ·c'ontravenes ·any .. o'td<:!r- is~ue·d otitl ~r' 
this 'section, he· shall •be ·punishirl::ile wrth irhpri:'sbrlmt\.rit 
whichHrlia:y extend to two years or · with fine 'ot"ki'fli both., . ·: ' c J 
·: '9. tI) Th.e ,'State ' Gb\rer~!rtent -tri_ay In •'t~e ,· int<!~~~t 
of :puBftc "oraer by an ori:Ier -prof11b1t~ . o htt:t pli~i:: su ~h · 
cotiBitiohs ·is rriay be rtecessary 'ctn, ' the ·; 1 hdttiit~ g of' cartfps 
or performance of drill or parade w1th·bi: WitWfrit krills, 
or any article, we~on or . implement q1pable . of being 
us&d . as "a'.:i;ms 'by any· cla'ss Of 'peisons or 'drgani8atlons 
wlio~e - actfvitieS' ardn 'the ·tipinioh ·of 
1
€he ·<st~te - Govern~ 
rne'Htlsub"f~rsi~e of J·aw an'd order. . ' ·" 
}' 'f2) Ahy ·coiifraverition Qf an c>.t'der" macie' uijMt ' ~tliiS" 
section khill he pitnish'aoli; 'with . 'iajptisorime "nt WJiiCh -
may extend to two years"br --Wi'th fitie"or With both. ~. ' i.s , 
Control of l(). (1) The. State Government may, for ;;the" putt_pose 
~se kfloud- of." . p~e~e~tlli~; .,afj i y iti~s, . w~icfi in thefr ,_- gpinign . ~pger­
~~a:1'• m_1!1 ~. ~h~ se~urlct~ _ o.~, o t te~d to p~e~~hrow 1 !~e · Sta,~e)_ . by 
phones, etc. gene~~.l ~o_r,_ s~ec;ial order, . proJi.1p1t1i i;estnct . or .impose , 
cond1flons on- · · 
, '. ,. (i) the . ~se , or ?Pera<tion in .apy:fr treeti -_sq,uare, 
.pubhc place or any · ©ther ,-oplace .,of · ~QY :. 
'. apea~~t"u s _'.for . a~pii[Yi?g ... !ht ~ ' h'ufi!.a?~ VQi~ej 
or any , repr~9uct10n of the hu:i.n.!\I! voice, such, 
-as a rheg~plione or an electdcaUy •op6Patea 
' - foudspeiiker ; anti . .. - - - - -
(ii) the use or 'Operation or driving in any street 
,_,s_qua·re, :PU'hlic ,pince 1t:1r- · ~hy _,Jdther f>lace of 
tany v.eliide. whieh .,carries 16r- 'has .;attachea to­
it any apparatus referred Jtd 'i-h!:ilUb•Gl'au,Se ~), · 
ActV 
1898. 
Act V 
1898. 
35 . 
· (2). J:>f·any pei;s0n contr.avenes any, ordcr :issued under 
. this ~ seotiolil1; .:he1.sh.a.ill be purnishal:ile with impris.onment 
• , which may .. extend >to two .years or with fine or with ,faoth. 
(3) The apparatus referred to in sub-clause (i") toge­
JP:er )'lit~ the vehicle, if any, to wh_i~l)..Jt m~y g.e,attached 
.: ~ha\} ' be Ua,l;>l.e .tQ be forfeited to the St~~e. ,,,Gqyernmen,t ,if 
- it -be used or ·operated in contrayention of an oi;d~r i:>,~s~ed 
'" WJ.,c!er th,s. secti,0n. 
Prev~n!io~ · l~. (l) No p~rs~n. sha,11, without hwful auth()rity or 
Jf. preJud1· _ey·cµ~e, do any nreJmhc1al act. 1il I a"Ct •• , . i\ . . IC- ' ' ' 
' · (~) . 1£ any .pers~p. contr:avenes . \he pr<;>v,isions of. sub ~ 
-~ section (1), he shall be punishable with imprisonment ?fpr 
a teI;P! wJ;iiql;i may <;:x;tend . to two years or ..yith_ n~e or 
·with both. · · 
· . EJplanation.-:For the purp os.e of this section 'pre.Judi-
' . f\~l ~.ct tnea,I).~ a,n:Y act~ incl 4di,ng .sh9,utir,g slog:;i_.ns whjcl;i 
t,ll°\I~ten~eq or is· likely to under~1.ne the secm:1ty of, or 
tends to overthrow the State : · 
P,r.ov,ided that .bo.na fide acts indic .ating 9,isagprobation 
· o_f.th'e- policy ()r mea,sures of the G,overn~ent wi,~h. a vk"'7 
. :\O ol;>,t?,in their alter:a ti on by la.;wful_ means sha,11 not be 
. W;lemed ,t<'>--be flCts which ar.e intend ~d qr are li1'ely .to 
, ~nderroine . the s.eou.rity of or te.nd to o ~er. t11row ~he S.tate . 
Power of .' ·12. ('l) The State Govemme~t or any Distvitt Magis­
p,b?tdgr!• t:.iate may further direct a per.son on whom any order ·uR,. 
phi~!(· etc •. der section 2 of this Act has been passed \hat such person 
snall.::­
(a) 
to) 
all~lW himself to be photographed ; 
allow his fiI\ger and · thump 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 p,µpishab~e with inwrisonment for a 
term which may extend - to two years or with fine or with 
both. ni'ihn;_ent 13> Any person who carri ed on his p.~rson or kpowing-
}'ing Jy has in his possession o.r under his control · any corrosive 
f ea· . substance or liquid, under such circµmstances as to give 
f.oaiv~nY ,. Fise to . ~· reasonable sq5pi~iqn t.hat he , does nqt ca,rry !t 'o.n 
~ance.-or p_ls, :Pr rson or ?ave it in his possession or under his control 
u1d. _ for a lawful object, shall, unless he can show that he was 
carrying it on his person, or that he had it in his posses­
sion or m1der his control for a lawful object, be punishable 
with imprisonment for a term which may · extend to two 
years qr with fine or with bqth. 
~~. , The State Go~ernment m~y \y qrder direct that 
· any power or duty ex~ept the power to rrial5.e orders under 
section 2(1) (a) and (b), which is conferred or If.imposed on 
the State Government shall in suc;h circumstances and under 
'condidons, if aqy; as m~y b~ spednoo 'in ' 'that · 'Ciirectiqn be 
e~ercised ' .or dischai:g~tjl by an officer not' below the i;atf~ 9f 
~ a :q~~~jct _ Ml}gimfl~e pr· AdditionaLpis~rict ~agist~ate. 
36 
Pro!ection ' . 15. No.suit, prosecution or oth€r . legal proceeding shall .. 
obf actiotnkto lie against any person for anything in ·· 'good faith done or 
e a en · · d d b d · f h" A under this mten e to e one m pursuance o t 1s ct. 
Act. 
Afppthlicat11"on 16. The provisions ' of this Act shall be in addition to 
o o er aws d . d . . f h A -- 0 d" R . - not barred. an not m erogat10n o any ot er ct, r mance or eg~-
lation for the tim e be'ing in force . 
Power. to 1,7. Any police o fficer not below the rank of a Sub-
ar~est wit~- Inspector of Police may arrest without warrant any . 
OU Warran •person WhO iS reasonably SUSpectetl Of having committed Of, 
of being about to commit an offence punishable under this 
Act: ' ' . 
"Provided that nothing in this Act shall protect a. 
poli~e officer making a malicious arrest. · 
Repeal. l 8. (1) The Assam Maintenance of Public Order Act, 
1947, as applicable in the Autonomous Districts specified in 
Part 'A' of the table appended to paragraph 20 of the Sixth 
Schedule is hereby repealed . 
(2) All orders made, directions given, proceedings com­
menced or liability incurred under the provisions of the 
Assam Maintenance of Public Order Act, 1947 shall be 
deemed to be made, given, commenced or · incurred under 
the respective provisions of this Act and subsequent actions; 
if any, with regard to any order, direction, proceeding or 
liability shall be in accordance with the provisions of this 
Act. 
(3) Notwithstanding th e provisions in sub-section (2) 
above, no order made, direction given or proce-edings com­
menced under the Assam Maintenance of Public Order Act, 
1947, shall be invalid by reason of being inconsistent with . 
anr of the provisions of this Act. 

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