THE ODISHA MAINTENANCE OF PUBLIC ORDER ACT, 1950

45 ORISSA ACT X OF 1950 THE ORISSA MAINTENANCE OF PUBLIC ORDER ACT, 1950 [Received the asse.nt of the ·President on the 30th March 1950, first ~ublishe d in an extraordinary issue of the Orissa Gazette, dated the 3l$t March 1950] AN ACT TO SUPPLEMENT THE PROVISIONS OF THE PREVEN!! TIVE DETENTION ACT, 1950, BY PROVIDING l!'OR ntl'O~I­ TION OF COI:/uEC'I'IVE FINES, CONl'ROL OF MEE'l'INGS AND P&OOESSIONS, IMPOSI'I'ION OF CEN'SOl'tSHIP, REQCISI'l'ION AND A:OQUISI'l'ION OF PitOPE:fill:l.Y, AND PREVENTION OF UNI,AWFUL DRILLING AND THE WEARING OF UN­ OFFICIAL UNIFORMS IN CONNECTION WITH *THE PREVEN - TION OF THE UNDERMINING OF THE SECURITY OF, •OR x OF THE TENDENCY TO OVERTHROW, THE STATEA AND THJ<J MAINTENANCE OF PUBLIC ORDER AND OF SERVICES AND SUPPLIES ESSENTIAL TO THE LIFE OF THE COMMUNITY WHEREAS it is expedient to supplement the provi- sions of the Preventive Detention Act, 1950, by providing for impgs.i-tieft-ef-eolleetj~, IV of 1950. oontrol of meetings a.nd pFocessions, impo~ . &f. censoPship, requisition and acquisition of property , ~7.;~fs-~ and prevention of unlawful drilling and the wearing of unofficial uniforms in connection with *the prevention of the undermining of the security of. on of the tendency to over throw, the State and the main- tenance of public order and of services and supplies essential to the life of the community ; It is hereby enacted as follows :- 1. ( 1) This Act may be called the Orissa. :~~~!;:tie Maintenance of Public Order Act~ l950. oommenoe. ment and (2) It extends to the whole of the State of duration. O . rissa. · ·d At Amendment 3. For sub-section (~) of section 1 ot the sa~ c ' of ~eotioa 1, the .rollowing sub-section shall be substituted, Orissa. Aot J.' x of 1950. namely :- " (4) It shall cease to have effect after the ~rst d f October 1952 and section 5 of the Onssa . ay 0 1937 h 11 apply upon theOnllll& .&.•t 1 General Clauses Act, ' 8 a h 1 d by of 1.937·. expiry of this Act as if it had been t en repea e an Orissa Act." Po Dll ref th m1 80 ee: pe 46 4. (1) In section 2 of the said Act-· Amendment of sections 2 and 5, Orissa Act X of 1950. ( i) in sub-section ( 1) after the words " or to the maintenance of public order " the following · words shall be inserted, namely :- " or of services and supplies essential to the life of the community "; (ii) in clause (d) of sub~section (1) after the words " or business " the word " and " shall be inserted and the following words shall be omitted, namely:- ~ ,.y " and in respect of his activities in relation ~" to the dissemination of news or ropagation of fit<.: opinions"; (). . . . (iii) to the proviso to sub-section (1) the following words shall be added, namely :- " or the maintenance of services and supplies essential to the life of the community " ; and (iv) for sub-section (3) the following sub-section ~ shall be substituted, namely :- " (3) when any order is made under sub­ section (1) by the District Magistrate, the District Magistrate shall forthwith report the fact to the State Government together with the grounds on which t.he order has been made and such other particulars as in the opinion of the District Magistrate have a bearing on the necessity for or expediency of the order. " (2) In section 5 of the said Act, for the words " an authority or officer subordinate to them " tbe words "the District Magistrate " shall be sub .. stituted. · "Repealof · 5. The existing sections 9, 10, 11, 14, 15, 16, 17, sections 9 19 20 21 and 22 of the said Act shall be omitted • to 11, 14 to ' ' ' ' 17 and 19 and- to 22, Orissa Act x of (i) the existing sections 12, 13 and 18 shall 1950 • be renumbered as sections 9 10 and 11 res ectivel • (3) When any order is ma e un er su -secti~m (1) by an officer or authority empowered under se~t10n 24 or by the District, Magistrate unde! s~b-sect1<;>n (2), that officer or authority or the D1stnct Magistrate, as the case may be, shall forthwith report the fact to the State Government together with the grounds on which' the order has been made and such other --;Subatituted by section 3 of the Orissa Maintenance of Public Order (Amendment) Act, 1950 Orissa Act XIII of 1950). 1 • • • • 47 particulars as in the oprmon of such officer or authority or the District Magistrate, have a bearing on the necessity f~ or expediency of the orde'Q (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 or 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 contravention of an order made under the provisions of this section, or fails to leave any area or place in accordance with the requ'.irements of such an order, then he may be removed from such area or place by any police officer or by any person acting on behalf of the State Government. (6) If any person contravenes any order made under this section, he shall be punishable wihh imprisonment for a term which may extend to one year, or with fine, or with both, and if such perso». has entered into a bond in pursuance of the provisiona of sub-section (4) his bond shall be forfeited, and a.ny person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the cop.victing Court why such I!enalty shoq]d not be paid. "\!. 3 ta "I - -;J;s .~ o . .14- JCX1 •f rf Duration of ~ -&- An order ma.de under section 2 shall be in orderd mades force for a period not exceeding one year from the ::!:n 2• date on which it is made, unless earlier revoked by the authority making the order: Provided that any such revocation shall not prevent the making under s.ection 2 of a fresh order to the same effect as the order revoked. p anillhmeat 4. ( 1) An ord r made in respect of any penon ~ ~or ~epro- under sub-section ( ) of section 2 or under section 3 x '/ r:1. p!:1':if!g of the Preventive etention Act, 1950 may be IV c:i1111. statements, notified by the State ovemment in th.~ Gazette. eto., by persons !finst (2) When any ord made under sub-section (1) :r ~:1te~~1:! of section 2 or under section 3 of the Preventive or restriction Detention Act, 1950, *o the ground of undermining IV of 1911. !1na.!i~n the security of, or tenden to overthrow, the State and notified under sub- ction (1) of this section is in force, whoever, prin or otherwise reproduces *Inserted by section 4 of the Oriesa Maintenance of Public Order (AnlEll<laient) •ot, 1960 ( Orisaa. Act XIII ot 1950 ) • 48 sells, distt"butes, publishes, or publicly exhibits or keeps for le, distribution or publication, a.ny document nsisting of or containing- ( a) an statement, oral or written, or any sketch or car n, made by, or purporting to be made by, or at the i stance or on behalf of, the person for whose detenti n the order has been made under section 3 of the reventive Detention Act, 1950 ; IV or 19H, \ (b) any s~at.ement, oral or written, or any sketch or cartoon~ made by, or purporting to be made by, or at the instlce or on behalf of, the person, in contravention of he order made against him under clause (d) of sub-se tion (1) of section 2; ( c) any rendering, part or summary of any eta te­ ment referred to in clause (a) or c1ause (b) or the purport of any such ~tatement, part or summary ; or (d) any ,translation of any such statement or part or summary thereof into any other language or any rendering, summary or purport of any such statement or part, in any other language, shall, on conviction, be punishable with imprisonment for a term which shall not be le1:1s than three months or more than two years and shall also be liable to a fine which may extend to one.thousand rupees. I (3) The State Govermpent may, by notification, declare every copy of any document, which in its opinion is of the description specified in sub­ section (2), to be forfeited ~ Government. (4) If copies of any doc~ments ·are declared to be forfeited to Government unper sub-section (3) any police officer may seize the 'same wherever found in the State and any Magist~ate may by warra.nt, authorise any police officer n~ bei~g below the rank of Sub-Insoector to enter up and search for the same m any premises where an copy of such docu­ ment may be or may reason bly suspected to be. Explanation-Nothing int · section applies to the evidence given by any wit eSB or to counsel in the course of any proceedings onducted in respect of any such offence or to reprod ~tion by any officer or aufhority in the course of officilU duty. I'rpo~t:~ ~$. (1) If it appears to the Sta'"). Government tha.t ~.0 0~ iv• the inhabitants o~ any area ar;\\ concerned in or i~habitanta abetting the commission of offences prejudicially 0 any area. affecting the public safety or the maintenance of public order, or the ma.intenanoe of supplies or • • • • • • • • 49 services nece ry to the life of the community or a.re harbouring pe ons conoerned in the commission of such offences, o a.re failing to render all the a.ssis· tance in their MTer to discover or apprehend the offender or offe ers, or are suppressing material evidence of the cotµmission of such offence, the Sta.ta Government ma.y, by notifica.tion, impose a collective fine on the inhabitants of that area : Provided that imposition of a. collective fine by any authority on hom the power may have been delegated under this X t may be made by publication of the order imposing t e fine in any such manner as such authority may co ider best calculated to bring the order to the notice Of the inhabitants of th& area concerned. (2) The State Goternment or any officer empowered in this behalf y the State Government by general or special order may exempt any persori or class or section of such inh bitants from liability to pay any portion of such fin • (3) The District Magis~ ate, after such enquiry a.she may deem necessary, s all apportion such fine among the inhabitants who re liable collectively ta pay it, and such apportionme t shall be made accord- ~\..-.!· ing to the District Magistra e's judgment of the respective means of such inhab tants. (4) In any such apporti nment the District Magistrate may assign a portio of such fine to a· joint or undivided family to be yable by it. (5) The portion of such e payable by any person (including a Hindu undivi ed family) may · be recovered- ( a) in the manner provideg by the Code of Criminal Procedure, 1898, for tH~ recovery of fines v of 11911. imposed by a Court, as if such portion were a fine imposed by the District Magistl'fl,te . acting as a Conrt: Provided that the State Gov rnment may, in lieu of the rules referred to in s b-section (2) of section 386 of the Code of Criminal rocedure, 1898, v of 1111. make rules under this Act regula. · g the manner in which warrants under clause (a) of sub-section (1) of the said section of the said Code a to be executed and for the summary determination of any claims ma.de by any person other than the p son liable to pay the fine in respect of any prope attached in execution of the warrant ; or 50 arrears of land revenue or as a public ble to the Collector. Explan ion-For the purposes of this section the expressi ' inhabitant of an area ' includes persons who t emselves or by their agents or servants occupy or hol land or other immoveable property within such a ea and landlords who, having any house or cutch rry for collecting rents within such area, themsel es or by their agents or servants collect rents fr m holders or occupiers of land in such area, notwiths anding that they do not actually reside therein. Control.of 6. (1) The State Government may, for the !i:':~~.08• purpose of sec1;1r ng the public saf~ty or the mainte­ etc. nance of pubhc order, or of services and supplies 0 ontrol of coampe, drill or parade!!. essential to the l f.~ of the community, by general or special order, pr ibit, restrict or impose conditions upon the holding of or taking part in public proces- sions, meetings o assemblies. ' (2) For the purposes of sub-section (1) any procession, meet· g or assembly which is open to the public or to a y class or portion of the public, whether held i a public or private place and whether admission thereto is restricted by the issue of tickets or otherwis , shall be deemed to be a public procession, meetin or assembly as the case may be. (3) Any police ·use such force, as securing compliance section. cer may take such steps, and ay be reasonably necessary for ·th any order made under this (4) If any person contravenes any order ma.de under this section, h shall be punishabJe with imprisonment for a ter which may extend to one year or with fine or wit both. q -1;(1) The State Government may, in the interest of public security or maintenance of p-ablic order, by an order, prohibit or impose such conditions as may be necessary on, the holding of camps or performance of drill or parade with or without arms, or any article, weapon or implement capable of being used as arms by any clas:-; of persons or organisations whose activities are in the opinion of the State Government subversive of law and order. (2) Any contravention of an order made under this section shall be punishable with imprisonment which may extend to one year or with fine or with both. \ • • • • • 51 10 ¥. (I) If the State Government is satisfied that- (a) the wearing in public of any dress or article of apparel resembling fDY uniform or part of a uniform required to be worn by a member of the Armed Forces of the Union or by a member of any official Police Force or of any forcEi constituted under any law for the time being in force; (b) the wearing or display in public of any distinctive dress or article of apparel or any emblem would be likely to prejudice the public safety or the maintenance of public order, the State Government may, by general or special order prohibit or restrict the wearing or display in public of any such dress, article of apparel or emblem. (2) For the purposes of this section, a dress, an article of apparel or an emblem shall' be deemed to be worn or displayed in public if it is worn or displayed so as to be visible to a person in any place to which the public have access . (3) 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. PoW«_'r.a to 9. ( 1) officer of Government authorised in :':::ic~h:r this behalf general or special order of the State oertain per· Government ay, within such area as may be 10m. specified in th order, require any male person in that area to in the maintenance or restoration of la and order or in the protection of property for sue period and in such manner a~ the officer may direct. (2) If any I rson fails to comply with an7 la.wful direction gi en to him under sub-section () ), he shall be punisha.o e with imprisonment for a term which may extend to ix months or with fine or with both. r.:;:e~- *10. (1) If the St te Government is satisfied aorahip. that the publication o 11 matters or any matter relating to a partiqular bject or class of subjects may undermine the securit of, or tend to overthrow, the State, it may, by orde addressed to a keeper of a press, publisher or itor, or to keepers of presses, publishers and edi rs generally, require that all such matters, or any uch matter relating to particular subject or class of bjects shall, before • • •11batituted by seotion 5 of tha Orissa Ma.intenanoe of Public Order (Amendment) • ~-1110 ( Orissa Act XIIl of 1950 ). ,, 52 being pub 'shed in any document or class of documents, be submitted for scrutiny to an authority s cified ·n the order. (2) If an person contravenes any order made under sub-sect'on (1), then, without prejudice to any other proceedi s which may be taken against such person, the St te Government may declare to be forfeited to Gov rnment every copy of any document published or ma e in contravention of such order and any press, as defi ed in the Indian Press (Emergency Powers) Act, 19 1, used in the making of such ~fc~~III document. (3) If any p rson contravenes any order made under this sectio he shall be punishable with imprisonment for a erm which may extend to three years or with fine o with both. • • Power to * 11. (l~ If the State Government is satisfied ~c ;~1:,~f:~tion that the making pri ing or publishing of any news- . paper, periodical, lea et, or othor document or class of documents, or of a y matter relating to a parti- cular subject or class f subjects may undermine the • security of, or tend to verthrow, the State, it may, by order addressed to keeper of a press, publisher or editor or to keeper of presses, publishers and editors generally- ""' . \- ~ (a) prohibit or re ulate the making, printing ~ ;- 0 \ or publishing of any ch newspaper, periodical, (:- leaflet, or other docume t or class of documents, ~ ~ or of any such matte relating to a particular subject or class of ubje'c ; .. ~... (b) prohibit or regul te the use of any press , . as defined in the Indian ess (Emergency Powers) ~W of Act, 1931. ~ . (2) If any person con ravenes any order made under sub-section (1), then, ithout prejudice to any other proceedings which may be taken against such person, the State Governm nt may declare to be forfeited to Government ever copy of any document made, pr'nted or published in contravention of such order, and any press, as define in the Indian Press (Emergency Powers) Act, 1931 used in the making of xxm of s11ch document or in contrave tion of the said order. 1931 • (3) If any person contra nes any order made under this section, he shal be punishable with nnprisonment for a term whic may extend to three yea.rs or with fine or with bot . ____________________ _....~----+----~------------~------· •substituted by section 6 of the Orissa M tenance of Public Order (Amendment) Aot, 1960 ( Orissa Act Xill of 19110 ). • • , • (3) If any person contravenes any order made under this section, he be punishable with impri· sonment for a term whi may extend to three years or with fine or with bo B.J:Pl01Jalicm -The ords "document" and .. "fff'e papet" in sections 0, 11, 12 and 14 shall hltwe the meaning as in tti Indian Prem (Emergency Po rs) Act, 1931. ~ ~ ( 1) Save as otherwise expressly provided in this ,i;t, every autliority, biieer or peN91l who makes ~".-, any order in pursuance o( any of the provisions of the • . .le.'",,. -f Act aball- (a) in the case of an •rder of a general nature or amlM;ing a class of persona, publish auch order id the &.zette ; (b) in .tile 08ll8 of. an order affecting an7 indiv:Wual corporation or firm serve or cause the orde'r to 1-l'iened in the manner provide'd for the service of eummons 1n the Code of Civil ~rocedure, 190f ; and y., 1,.. (c) In the of an order affecting an individual ~Q e or cause the order to be ~ectonthat..JlllllPA ( i) p 1zv11y by delivering er tlllladeriu to 1 him the Cid•, - . . . ~ (ti) by poet, -Or < Control of documents printed outside 'be Sta~ t\ ... 54 (iii) where the person cannot be found, b' leaving an authclltic copy of the or<Jer with some adult male member of his family c,r by affixing such· copy to some conspicuous part of the premises in. which he is known to have last resided or carried on uusiness or personally worked for gain. (2) If in the course of 'any judicial proceedings a question arises whether a person was duly informed of au order made in pursuance of any provision of this Act, compliance with <;Jause (b) or (c) of sub. section (1), or in a case to which clause (a) of sub­ section (1) applies, the notification containing tlw order shall be conclusive proof that he wn.s sc inform.ed, but a failure to comply with sub-• section { 1 )- ( i2 ~hall not precluclc proof by other means that he had infurmation of the order ; ancl (ii) shall not affect the validity of the order. 14. (1) The State Government may, for th~ purpose of ) the preventiou of the undermining of the security of, or of the tcndu1cy to overthrow, the State b general or special order, vrohibit or regu\ate the <: ntry into the State of Orissa of any IMJWspapor, pl iodical, leMlet or othe1 document printed or mad outside the Stctite. (2} If any rson contravenes any order under sub-section (1) t en, without prejudice to any other proceedingH whic may be ,taken against such person , y.r\ the 8tate Govern ent may declare to be forfeited to ~": .!. yGovernment ever) copy of any newspaper, periodical 0'\. "'v leaflet or other do ument brought within the State in t · \ contravention of s order. (3) If any pers n contravenes an order made under this section, he shall be pu ishable with imprisonment which ay,,. extend to three years or with fine or with bot . · l'owerof 15. (1) If in the o inion of the State Govermnent !equisit!~n it is necessary or expc ient so to do for (2) securing r ji:i!, acqui&i:\ the interc~ts of the g eral public or for securing services and supplies ssential to the life of the community, it m,ay by order in writing requisition any property, moveabl or immoveable, and may make such further ord rs as appear to it to be 1 neoessary or expedient in connection with such re~tioning : ' . ' . . ... . . ~.r. -~ .... li; • ... . .... ·. ........... ,.. •Na.rE-Substituted by section 8 of tho Orissa Maintcmwcc of Public Order (Amendml\nt 'Act, 1950 (Orisaa Act XIII of 1960). ( · · 't8ubstitutcd by section 9 of tho Orissa Maintenance of Public Order ( Atn:eh'dmen* ~t 1950 ( Oi:isaa Act XIII of l!J60 ). • ' • • • Qsed fer the ~ uiaiwoned unds -this f to furnish to afti,b in tbe order, suoh ating to the property ' J 56 ( .i} Pa;rmentef 16. Wh never 'in pursuance of section il7 a.ny b •.ompenaa· bl ~ . _\. ~- ~ / '•on. property, m va e or immovable, is requisitiened IJJ.r L 'l a~quireda th re shall be pa.id compensation deter­ mined in th manner and in accordance with the principles her 'nafter set out, that is to say :- {a) whe e the amount of compensation can be fixed by agree ent, it shall be paid in accordance with such agree ent ; {b) where o such agreement can be reached the State Govern ent shall appoint, as arbitrator, the District Judge or ubordinate Judge having jurisdic­ tion over the are or part of the area in which the immovable propert is situated ; (c) at the co mencement of the proceedings· before the arbitrator the State Government and the person to be compens ted shall state what in their respective opinions is fair amount of compensation; ( d) the arbitrat r in making his award shall have regard to- ( i) in the case of immovable property, the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, s far as the same can be I of UM made applicable ~nd wh ther the acquisition is of - v\ a permanent or tempora charact~ ~\-' ;./ ({ii) in the case of movable propertylP"erma- J ~ '-7 nently acquired, its market value .i.J t-ti\ .: (iii) in the case of movable propertyrtaken possession of temporarily] t e market rate of hire or rent for similar property m t at locality ; (iv) in case the mova le property has sustain­ ed damage while in posse sion of Government, a. reasonable estimate of the c st for its restoration to the same condition as at t e time of its being taken into possession : [l>rovided that where any roperty requisitioned is subsequently acquired, the arbitrator, in any proceedings in connection with uch acquisition shall take into consideration the arket value of the property at the date of requis ion as aforesaid and not at the date of its subsequent cquisition ; J (e) an appeal shall lie to the High Court against the award of an arbitrator where he amount of the awa;rd is two thous~nd rupees and above ; [fl:cplanation-In the case of p riodical payment.a. the amount of the award for thel purposes of thia clause shall be computed at five times the a.mount payable for one year. J i • • • 57 (/) sav as provided in this section and in any rules made un er this Act, nothing ill' any law for the time being in fi ce relating to arbitration shall apply to arbitrations l n·ier this section. =- I 1) 17. (1) Wh e any property requisitioned lmder ~oa.l. this Act is to be e1eased from such requisition, thE> State Governme t or any pe: son generally or specially authoris by it in this behalf may, afte1 such enquiry, if an , as it or he may in any case consider it necessar to make or cause to be made. specify by order i writing the pereon to whom possession of the pr erty shall be given. • • (2) The deliver of possession of the property to the person spem ed in an order under sub­ section (1) shall be full discharge of tbe Stata Government from all liabilities in respect of the property, but shall n t prejudice ·any rights in respect of the property, which any other person may be entitled by a due . rocess of law to enforce against the person to wh possession of the property is given . p110teoted ,.,_-ta; ,(1) If as respects any place or class of places ·· a.o... the State Government ·· considers it necessary or expedient *in the interests of the general pub)fo that special precautjons should be taken to prevent the entry of unauthorised persons, the State Government may by order declare that place, or, as the case may be, every place of that class to be a protected place; and thereupon . for so long as the order is in force such place or every pJace of such class, as the case may be, slmll be protected place for the purpose of tMs Act. (2) No person shall, . without the perm)'ssion of the State Government, enter, or be on or in, pass over, or loit.~r in the vicinity of, any protected place, (3) Where in pursuance of sub-section (2) any person is granted perm.ission to enter, or to be on or in, or to pass over a protected place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as mav be given by the State Government. ~ (4) Any police officer, or .any other persolJ authorised in this ueha:it by the State Government . ' may search any person entorrng, or seeking to enter or being on or in, or leaving. a protected place,..and . any vehicle. vesseJ, animal or article brought' in ••ar•-Inserted by section 10 of the Orisea Ma.intona,nce of Puhli<' Ordftr (~ni> ~t, lllO ( Orissa :Act x:ur of 1950 ). . • Protecied ureas. 58 by such person and may, for the purpose of the search, detain such person, vehicle, vessel, animal and article : Provided that no woman shall be sea-rched m pursuance of this sub-section except by a. woman. ( 5) If any person is in a protected place in contravention of this section, then without prejudice to a1,y other proceedings which may be taken against him, he may be removed therefrom py any police officer or by any other person authorised in this behalf by the State Government. ( 6) If any person is in a protected place in contravention of any of the provisions of this section, he shall bo punishalile. with imprisonment for a term which may extend to' tl1ree years- or with fine or with both. 1~ .tt;- (1) If the State C:overnment considers it necessary or expedient *in tho interests of the general public to regulato the entry of persons into any area, the State Government may, without prejudice to any other provision of this Act, by order (~ eclare th<> ,J,rea to be a protected . area ; and t hereupon, for so long as the order is in force, such area s1iall be a protected area for the purposes of this Act. . (2) On and after such day as inay be specified in, and subject tu' any exemptions for which provisions may be made by, an order made under sub-sec­ tion (1), no person who was not at the beginning of the said dav residen t in the area declared to be a protected area, by the Siid order shall be therein except in acl'ordance with the terms of a permit in writing grunted to him by an authority or person ~pecified in the said order. (3) Any police officer, or any other person ~'tltho ­ rised in this behalf by the State Go~crnme'nt may search any person entering or seeking to enter or being on or in, or leaving. a protected area and ~y vehicle, vessel, animal or article brought ih by: such person, and may for the pur )OSe of th~ search, detain such pers n, vohiclc, vessel, animal and article : Pro idcd tha.t no woman shall be searched in · pursuance of this suo-s(~ction except by a woman. (4) If-0iny person is in a protected area in contra· vontion of the provisjons of this section, then, with­ out p1'ejudice to any othn proceedings which mayi- be •• ,, t • ~. • ...... ...... • ~--,-,~- -~~- ' •»cn"B-I11serted by s<'l'f ion 11 \If tho OriAAa Maintenance of Public O.rder ( Amt!Odment ) Aot, lMO ( Oriesa Act XIII of 1960 ). : .. • J • Poroing or evading a pard. • Orden for eeriain plaoee and ' reu. • 59 taken aga nst him, he may be removed therefrom bJ or under the direction of any police officer on duty in the protected area. (5) If any person is in a protected area. in contra­ vention of any of t}le proYisions of this section, he shall be punishable with imprisonment for a term which mav extend tp three years or with fine or with both. 14 • -IO: Any.. ~son who effects ot attempts to effect entty into a pfotectM place or protected area- ( a) by using, or threatening to use, criminal force to any person posted for the purpose of protecting or preventing or conf.·olling access to, such place or area : or (b} aftPr taking precautions to conceal his entry or attemvted ~ntry from any such person, shall be punishable with imprisonment for a term which may extend to five years or with fino or with both. 15°' I -lt;"(l) Without prejudice to any otherprovisio~ of tW8 Act, the State Government, as respects- ( a) any plaee or area declared by it to be a protected place or protected area, or (b) any otlter place or area in relation to which it appears to it t-0 be necessary to take special precautions for prev:enting or suppressing subversive acts or for maintai~ing supplies and services essential to the life of the C! mmunity, may make orders for controlling or regulating the admission of persons to, and the conduct of persons in and in the vicinity of, such place or area. (2) Without prejudice to the generality of the fo~~· g provisions, orders made under sub-sec­ tion ) in relation to any place or area may make p,ro sion- ( G) for flStrieting tl).e admission of persons to such pfa.ce or area 'nd for removing therefrom a.ny prson who is'ltherem in contraventiop of the orders <k who has been convicted of any contravention of tbe provisiops of this Act ; Cb) for requiring the presence of any per_son or class of P.ersons in such place or area to be notlfitMi to a J>rescnbed authority and for .requiring any person 'Jho has been convicted of any such offence fl& ia mentioned in clause (a) of this sub-section to repdit his movements while in suc!h pla.oe. or area. ad td Powers of eearoh. 60 observe any other condition imposed upon him by a specified authoritv ; ( c) for requiring any person or class of persona in such place or area to carry such do0umentary evidence of identity as may be specified ; and (d) for prohibiting any person or class of persons from being in possession or control of any sp~cified article. (3) An order mado under this section in respect of a protected place or protected area may exempt such place or area from ail or any of the provisions of this Act which are expreslled to apply to or in relation to a protected place or protected area, as the case may be, or may &irect that all or any of the said provisions shall apply, subject to such modifications aR may be specified in the order. I (4) An order made under this section in respect of a place or area which is not a protected place or protected area may direct that all or any of the pro­ visions of this Act which are expressed to apply to or in relation to a protected place or protected area, as tho case may be, shall apply to or in relation to the place or aroa in respect of which the order is made either without modification or subject to such modification as may be specified in the order. (5) If any person contravenes any order made r this section, he 1::1hall be punishable with impri­ ont for a term which may extend to three years o with fine or with both. lb...22:(1) The State Government may, by genera.I or special order, empower any officer to search any place, stop and search any vessel, vehicle or animal and seize anything which he has reason to believe has been, is being, or is about to be, used for any purpose prejudicial to the public safety or the maintenance of public order. o ~• ·'i o , A4 x "f~ .. ,_ (2) Any officer empewered under sub-section (1) shall forthwith report to the State Government in detail~ any seizure made by him and pending the receipt of their orders, may detain ip. custody any­ thing so seized or take such other step for its safe custody as ho may think proper. (3) The State'i' Government may make such order as it thinks fit for the disposal of anything seized under sub-section (1), by destruction, confla. cation or in such other manners a.s it may direct. • • • The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY OORISSA ACT XXI OF 1951 THE ORISSA MAINTENANCE OF PUBLIG ORDER (AMENDMENT) ACT, 1951 [Reached the meant of the President on the 25¢!» M ay 1951, first Published in an Extraordinary issue of the Orissa Gazette, dated the 30th May 1951 AN ACT FURTHER T0 AMEND TEE ORISSA MAINTENANCE OF PUBLIC ORDER ACT, 1950 WHEREAS it is expedient further to amend the Orissa Maintenance of Public Order Act, 1950, in the manner hereinaf- ter appearing ; It is hereby enacted as follows :— 1. Short title and commencement : (1) This Act may be called the Orissa Maintenance of Public Order (Amendment) Act, 1951. (2) This Act shall have retrospective effect and the insertions and addi- tions mentioned herein shall be deemed to have been made on and to have effect from the 31st day of March 1951 : Provided that a person shall not be liable to any penalty in respect» of anything done or omitted to have been done by him before the passing of this Act, which was not unlawful between the 31st day of March 1951 and the date of the passing of this Act. 2. Amendment of the preamble : In the title and the preamble to the Orissa Maintenance of Public Order Act, 1950 (Orissa Act X of 1950) ( here- inafter referred to as the aid Act), after the word “tendency to overthrow the State” the words “the protection of the interests of the Scheduled Tribes in Orissa “, shall be inserted. 3. Amendment of Section 1: For sub-section (4) of section 1 of the said Act, the following sub-section shall be substituted, namely :- “(4) It shall cease to have effect after the ûrst day of April 1952 and section 5 of the Orissa General clauses Act, 1937, (Orissa Act I of 1937) shall ‘apply upon the expiry of this Act as if it had been then repealed by an Orissa. Act.” 4. Amendment of Section 2: For sub-sections‘ (1), (2)‘ and (3) of section 2, of the said Act, the following sub-sections shall be substituted, namely :— ‘ Power to make order restricting the movements or action of cer- tain person : (1) If the State Government or a District Magistrate is satisûed with respect to any person that he is acting, or is likely to act, in a manner prejudicial to the security of the State or to the maintenance of public order or to the interest of the general public or the protection of the interest of the Scheduled Tribes in Orissa, and that, in order to prevent him from so acting it is necessary to make an order under this section (hereinafter referred to as a “ restriction order “), the State Government or the District Magistrate, as the case may be, may make an order- (a) directing that, except in so far as he may be permitted by the provi- sions of the order, or by such authority or persons as may be speciûed therein, he shall not be in any such area or place “n the State of O1-issa a may be speciûed in the order ; (b) requiring him to reside or remain in such place or within such area. in the State of Orissa may be speciûed in the order and if he is not already there to proceed to that place or area within such time as may be speciûed 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 person as may be speciûed. In the order ; (d) imposing upon him such restrictions as may be speciûed in the order in respect of his employment or business, in respect of his association or com- munication with other persons, and in respect of his activities in relation to the dissemination of news or propagation of opinions :- (e) prohibiting or restricting the possession or use by him of any such article or articles as may he speciûed in the order : - Provided that no restriction order of the nature mentioned in clause (d) she-ll he made unless the State Government or the District Magistrate, as the case may be, is satisûed that the person ‘is acting or is likely to act, in e, manner prejudicial to the security of the State. (2) No restriction order ‘by the State Government shall be made direct- ing the exclusion or removal from the State of any person ordinarily resident in the State ; and no such order made by the District Magistrate shall direct exclu- sion or removal from the district of any person already resident in that district. (3) When any order is made under subsection (1) by the District Magis- trate or an officer or authority empowered under section 29, the District Mag- istrate or that officer or authority, as the case may be, shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars a. in the opinion of the District Magis- trate or such ofûcer or authority, have a bearing on the necessity for or expedi- ency of the order.” 5. Insertion of new Section : After section 2 of the said Act, the fol- lowing new sections shall be inserted, namely :- Grounds of order of restriction to be disclose to persons affected by the order 3. (1) When in exercise of the powers conferred by sub-section (1) of section 2 any order is made against a. person, the authority making the order shall, as soon as may be, communicate to him at his last known address the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Govern- ment. (2) Nothing in sub-section (1) shall require the authority to disclose fact which it considers to be against the public interest to disclose. “ “ 4. (1) The State Government shall, whenever “Y necessary, constitute an Advisory Board. for the purpose of this Act. (2) Such Board shall consist of three persons who are, or have been, or are qualiûed to be appointed as, Judges of a High Court, and such persons shall be -appointed by the State Government.” 5. In every case where any order has been made under sub-section (1) of section 2, the State Government shell, within six weeks from , the date of the order, place before the Advisory Board constituted by them under section 4 the grounds on which the order has been made and the representation, if any, made by the persons affected by the order”, and in case where such order has been made by an authority or office subordinate to them, also the report made by him under sub- 6. Procedure of Advisory Boards : (l)The Advisory Board shall, after considering the materials placed before it and, if necessary, after calling for such further information from the State -Government or from the person con- cerned, as it may deem necessary, submit its report to the State Government within ten weeks from the date of the order made under sub-section (1) of section 2. (2) The report of the Advisory Board shall specify in a Separate part thereof the opinion of the Advisory Board as to whether or not there is suffi- cient cause for making the order against the person concerned. (3) When there i difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. (4) Nothing in this section shell entitle any person against whom the said order has been made to attend in person or to appear by any legal practitioner in any matter connected with the reference to the Advisory Board. (5) All particulars contained in any correspondence between the State Government and the Advisory Board and the proceedings of t-he Advisory Board and the report made by it, except that part of the report in which the opinion of the Advisory Board is speciûed, shall be conûdential and not with standing anything contained in any law for the time being in force no Courts shall be entitled to require any public servant to produce before it any of the foresaid documents.” 7.Confirmation of restriction order : (1) In any case Where the Advisory Board has reported that there is in its opinion sufficient cause for making the said order against the person concerned, the State Government may conûrm the order and continue the order against the person concerned for such period as they think ût. (2) In any case where the Advisory Board has reported that there is in its opinion not sufficient ca-use for making such an order against the person con- cerned, the State Government shall revoke the or B, In the said Act- (a) the existing sections 3 ’00 29 shall be “renumbered as sections 8 to 34; (b) in the explanation to section 17,” as so renumbered, for the words and ûgures “ sections 10, 11, 12 and 14 “ the words and ûgures “ sections 15, 16, 17. And 19 “ shall be respectively substituted ; (c) in sub-section (4) of section 20, as an renumbered, for the word and ûgure “section 16” the word and ûgure “ section 21 “ shall be substituted; (d) in section 21, as so renumbered, for the word and ûgure “ section 15 “ the word and ûgure “ section 20 “ shall be Substituted. _ 7. Amendment of Section 10 : For sub-section(1) of section 10 of the said Act, as so renumbered, the following subsection shall be substituted, namely :- Imposition of Collective fines on inhabitants of any area : (1) If it appears to the State Government that the inhabitants 01' any class or section of inhabitants of any area. are concerned in or are abetting the commission of offences resulting or likely to result in death or grievous hurt or loss of, or damage to, property, or are harboring persons concerned in the commission of such offices, 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 Government may, by notiûcation, impose collective ûnes on the inhabitants of that area: Provided that imposition of collective ûne by any authority to whom the power may have been delegated under this Act may be made by publication of the order imposing the ûne in any such manner as such authority may consider best calculated to bring the order to the notice of the inhabitant of the area concerned.” 8. Section 33 of the said Act, as so renumbered, shall be further renum- bered as sub-section (1) of the said section and after the said sub-section (1), as so renumbered, the following new sub-section shall be inserted, namely :— “ (2) Notwithstanding anything contained in any other law for the time being in force, the offence punishable under sub-section (6) of section 2 shall be non-bailable. “