The ASSAM MAINTENANCE OF PUBLIC ORDER (AUTONOMOUS DISTRICTS) ACT, 1953
30

AS£AM ACT XVI OF ·1953

THE ASSAM               - AINTENANCE OF PUB:LIC ORDER

(AUTONOMOUS DISTRICTS) ACT, 1953

(passed by the A~sembly)

(Received the assent o£the Governor on the 26th May. 195!)

[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._

Preamble. 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 Maintenance
extent and of Public Ord1:r ·(Autonomous Districts) Act, 1953.
commence· (2) It shall extend to all the Autonomous                - istricts
ment.

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 once.

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)_ r equiring 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 ciation or communication with
other persons, and in respect of his activities in rd ation to
the dissemination of' news or propagation of opinions ;

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,,.,, 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 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 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 provisions 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 AC: V of
1 98

"were a warrant is~ued by the Magistrate ;          -

            - . (b) by             - rder 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
###### ..


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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 trial or the imprisonment, as the
case may be, shall abate with effect from the date the bond
is entered into.
of Duration orders 3. An or d er ma d e un d er sub-sect10n · (1) o f section · 2

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 necessary or expedient, before the date on
which under 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 make and aftef' referring the matter
to the Advisory Council and considering its report direct
that the order shall continue in force 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 made, the authority rnaking the order shall

t~ bed d;s- communicate to the person affected thereby, so far as such

~~~~n ° , communication can be made 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 a gainst 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

earliest opportunity of doing so.

Reference 5. On recei'.i'>t of the representation referred to in seed
to Advisory tion 4 or in case no re-presentation is received, the State
Council. 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 order 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 , ] [l]1[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) The 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 necessary, submit its
report to the State Government before the expiry of fout ;

i months from the date of the order made under sub-section

**(1)** of section 2.              - '' ' .

(3) After considering the· report of the Advisory; Coun- '

cil, 'the State Government may confirm,'· modify or cancelJ
th'e order made under sub-section ·(l•) of section 2. ',[1], ' ;:;L

_s_ , , ,, I                                                     - ~                                                     - J , **.t.,;(f**

(4) The Chairman and the members of the Atj yis9ty ,

Council shall for the purpose of this. Act be deemed to be
holding office within the meaning of sub-section          - (6) of

Act XIX

sc;ction ' I, ' 2 .t..               - of the Indian O fficial Secrets Act, - 1923. of 1923lH_10 , ;I

J;l::

Imposition '      - 7. (1) If.it appears to the State Government that the

~ collect~ve inhabitants of any area are concerned in or abetting 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~ission i

of ,. ~J.ICh offences,' or are failing Jo re,nder, all the assista;nce, in ..

their power to discover or apprehend 'the· offender or offen-

ders ,or are suppressing material evidence of the commission
of 11ucp offences, the State Governm ~ nt may, by notification . ,;,f ....

in the' official Gazette, impose a collective fine on the in- ~.): "'' .

**... ·);1-z.**

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 delegated'
uril:let 'rhis Act may be made . by             - publication of the order ~;

imr,osing the fiqe in any such manner 'as such authority may'
consider b'est calculated to bring 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

           - ;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 liability 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 apportion 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. ·


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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.-annet provided by the Code bf Criminal

ActV

Procedure,             - 898, for the recovery of fines imposed by. a 1898.
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 V
Act regulating the manner in which warrants under Clause 1898.
_(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 1oy· ani person other (han the . person liai61e to

pay the fin·e in-respect of any property attachea·'in execution

of't'fie warrant ; or               - . . . . '

(~r as·ar;ear of larid revenue.

8. (1) The Stare· 'Gov-ernmen't may 'for fne· p't1ipose bf

Control of

' meetings, maintaining public order by general or special order

processio os, prohibit; re~trich'>r · irnpa e cdnaitions ' l!IJ0_n:t4e· hdlCli'rig of
etc. ofpr6'gacnisatiotls 'whose -es~rons           - ~meetings 1activities, ·or '.assemblie's"in by the ·a. -'dass dpfo~oti~of"·"of'fne p"efsonsS't'a'te _ _·oi:_

GoverrtmentTate '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               - unishirl::ile wrth irhpri:'sbrlmt\.rit

whichHrlia:y extend to two years or               - with fine 'ot"ki'fli both.,
.                                                                         - ' c _J_

Control of _·:_ '9. tI) Th.e ,'State ' Gb\rer~!rtent -tri_ay In         - t~e ,· int<!~~~t
camps, of :puBftc "oraer by an ori:Ier -prof11b1t~ . o htt:t pli~i:: su ~h ·
drills or cotiBitiohs ·is rriay be rtecessary ' ctn, 'the ·; 1hdttiit~g of' cartfps
parades

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

1

wlio~e - actfvitieS' ardn 'the ·tipinioh ·of €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 iyiti~s, . w~icfi in thefr,_- gpinign . ~pger­

~~a:1'• m_1!1~ .~h~ se~urlct~_ o.~, ot 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 _,J dther f>lace of

tany v.eliide. whieh .,carries 16r- ' has .;attachea to-

it any apparatus referredJtd 'i-h!:ilUb•Gl'au,Se ~),                   -


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              - (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

        - ith both. · ·

         - . _EJplanation.-:For_ the purpos.e of this section 'pre.Judi-

' . f\~l ~.ct tnea,I).~ a,n:Y act~ incl4di,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 .'     - 2. ('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.::-

all~lW himself to be photographed ;

(a)

allow his fiI\ger and               - thump impressions to be

###### to)

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 carried 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, :Prrson 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.


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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

under e a en · · this mten d d e to b e d one m · pursuance o t f h" 1s A ct.
Act.

Afppthlicat1"on 16. The provisions' of this Act shall be in addition to

                - not o o barred. er 1aws an d not m erogat10n o any ot . d . . f h er A ct, -- 0 r d" mance or R eg~-.

lation for the time be'ing in force.

Power. to 1,7. Any police officer not below the rank of a Sub-

ar~est wit~- Inspector of Police may arrest without warrant any .

OU Warran             - erson 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 the 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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