The ASSAM MAINTENANCE OF PUBLIC ORDER (SECOND AMENDMENT) ACT, 1949

ASSAM ACT XVIII OF 194.9 
. THE ASSAM MAINTENANCE OF PUBLIC ORDER 
(SECOND AMENDMENT) ACT, 1949 
(Passed by the embly) 
(Received the assent of the Governor General on 
the 26th December, 1949.) 
[Published in the Assam Gazette of the 4th January, 1950.] 
An 
Act further to amend the Assam Afaintenance of Public Order 
Act, 1947 
Preamble WHEREAs it is expedient further to amend the Assam Act 
Assam Maintenance of Public Order Act, 1947, hereinafter v ofl94'/, 
called the pr · ncipal Act, in the manner hereinafter appear-
Short title, 
commence­
ment and 
extent. 
Insertion of 
new section 
in Assam 
Act V of 
ing; 
It is hereby enacted as follows :-
1. (1) This Act may be called the Assam Maintenance 
of Public Order (Second Amendment) Act, 1949. 
(2) It shalJ come into force at once . 
(3) It extends to the whole of Assam. 
2. After section 8A of the principal Act, the following 
sections shall be inserted, namely :-
1947. 
Puniahment "8B. (l) An order made in re~pect of any person under 
for repro- clause (a' or claHse (e) of sub-section (l) of section 2 may 
clueing or be notified by the Provincial Government in the official 
publishing Gazette. If any order is so notified, any subsequent order 
sttatembents, made in respect of the said person under section 3 or 4 shall 
e c., y per- l b 'fi d · h ffi · 1 G sons against a so e not1 e In t e o cm azette. 
whom order 
of detention 
or restric­
tion has 
been made. 
(2) When any order made under clause (a) or clause (e) 
of sub-section (1) of section 2 and notified under sub­
section (1) of this section is in force either as originally 
made or modified, whoever prints or otherwise reproduces, 
sells, distributes, publishes, or publicly exhibits or keeps for 
sale, distribution or publication, any document consisting of 
or containing-
(a) any statement, oral or 'written; or any sketch 
or cartoon, made, by or purporting to be made by, or 
at the instance or on behalf of, the person for whose deten­
tion the order has been made under clause (a) of sub­
section (1) of section 2, 
(b) any statement, oral or writt , 
cartoon made by or purporting to be maue 
instance or on behalf of, the person, in 
Price 1 anna or 1 d. 
any sketch or 
by, or at the 
of 
'• 
2 
the order made against him under clause (e) of sub-section 
( 1) of section 2, 
(c) any rendering part or summary of any statement 
referred to in clause (a) or clause (b) or the purport of 
any such statement, part or summary, or 
(d) any translation of any such statement or part or 
summary thereof into any other language, or any render­
ing, summary or purport of any such statement or part, 
in any other language, 
shall, on conviction, be punished with 
imprisonment for a term which may extend to two years or 
fine or with both. 
(3) The Provincial Government may, by notification 
in the official Gazette, declare every copy of any document, 
which in its opinion, is of the description specified in sub­
section (2) to be forfeited to His Majesty. 
( 4) If copies of any documents are declared to be 
forfeited to His Majesty under sub-section (3) any Police 
Officer may seize the same wherever found in the Province, 
and any Magistrate may by warrant, authorise any Police 
Officer not below the rank of Sub-Inspector to enter upon 
and search for the same in any premises where any copy 
of such document may be or may reasonably be suspected 
to be. 
Explanation.--Nothing in this section applies to the evi­
dence given by any witness or to pleader or counsel in the 
course of any proceedings conducted in respect of any such 
offence or to reproduction by any officer or authority in 
course of official duty. 
Control of "8C. (l} The Provincial Government may, for the 
use of loud- f · · · · bl' speakers purpose o secunng or mamtammg pu IC safety, public 
megaph~- order, or preventing or suppressing activities which in the 
nes, etc. opinion of the Provincial Government are subversive of law 
and order, by general or 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 loud- . 
speaker ; 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 
which may extend to two years or with fine or with both. 
(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 His Majesty if it be used or ope­
rated in contravention of an order passed unc:ler this section. 
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--........- ,_ 
( '-_ 
Prevention 
3 
of prejudi- or 
cia! act and 
"8D. (1) No person shall, without lawful authority 
excusej-
report. (a) do any prejudicial act ; or 
(b) make, print, publish, distribute or exhibit any 
document c;ontainin g, or spread by any other means what­
soever, any prejudicial 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 
shall be de emed 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 mav extend to tv.o 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) b efore the Assam Maintenance of Public Order 
(Second Amendment) Act, 1949 came into force, or 
(ii) with the permission or under the authority of the 
Provincial Government, or 
(iii) as a proof intended for submission to the Pro­
vincial Government or to a person or authority designat~d 
by the Provincial Government in this behalf with a view to 
obtaining permission for its publication ; 
(b) jn relation to the publication of any 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 Provincial Government. 
Explanation.-For the purpose of this section-
( a) ''prejudicial act" means any act, including shouting 
slogans, which is intended or is likely-
(i) to endanger the safety or stability of the State ; 
(ii) to bring into hatred or contempt or to excite dis­
affection towards the Government established by law in 
India ; 
(iii) to promote feelings of enmity or hatred between 
different classes of subjects ; 
tb) "prejudicial 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: 
Provided that bona fide acts, indicating disapprobation 
of the policy or measures of the Governmen t with a view to 
obtain their alteration by lawful means shall not be deemed 
to be acts which are intended or are likely to endan~er. the 
safety or stabilit y of the State. 
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4 
Power of . ''8E. (l) The Provinciai Governm ent or any' District 
photo~raph- Magistrate may further direct a person on whom any order 
mg, e c. under section 2 of this Act has been passed that such person 
shall--
( a) allow himself to be photographed ; 
(b) allow his finger and thumb-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. 
Punishm?nt "8F. Any person who carries on his person or know-
for carrymg · I h · h' · d h' 1 · or possessing 1ng Y as 1n IS possessiOn or un er IS contro any corros1ve 
any curro- substance or liquid, under such circumstances as to give rise 
sive sub- to a reasonable suspicion that he does not carry it on hi:; 
stance or person or have it in his possession or under his control for 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." 
Amendment 3. In section 12 of the princi: :ml Act after the 
of section words ''having committed", the words "or of being about 
12 of the to commit or is likely to commit" shall be added. principal 
Act. 
A. G. P. (Leg .), No.l7j50-500-30-6-19 50, 
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