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-

###### ing;

It is hereby enacted as follows :-

Short title,
commence- 1. (1) This Act may be called the Assam Maintenance
ment and of Public Order (Second Amendment) Act, 1949.
extent.

(2) It shalJ come into force at once.

(3) It extends to the whole of Assam.

Insertion of 2. After section 8A of the principal Act, the following
new section sections shall be inserted, namely :-
in Assam
Act V of

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 (2) When any order made under clause (a) or clause _(e)_
or restric- of sub-section (1) of section 2 and notified under sub-
tion has

been made. 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 , any sketch or

cartoon made by or purporting to be maue by, or at the
instance or on behalf of, the person, in of

_Price_ _1 anna_ _or_ _1 d._


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###### 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 speakers of loud- purpose o f secunng · or mamtammg ·          - · pu bl' 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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_(_ '-_ 3

Prevention "8D. (1) No person shall, without lawful authority

of prejudi- or excusej-
cia! act and

report. _(a)_ do any prejudicial act ; or
(b) make, print, publish, distribute or exhibit any
document c;ontaining, 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 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 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           - hat 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 stability of the State.


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###### 4

Power of . ''8E. (l) The Provinciai Government 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 or possessing carrymg 1ng Y as · I h 1n · h' IS possessiOn · or un d er h' IS contro 1 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.l7j50-500-30-6-1950,


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