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State of Haryana - Section

Section 7 in The Punjab Security of State Act, 1953

7. Power to restrict movements of persons.

(1)The State Government or a District Magistrate, if satisfied with respect of any particular person that, with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order, it is necessary so to do, may, by order in writing, give one or more of the following directions, viz. that person -
(a)shall not enter, reside or remain in any area that may be specified in the order;
(b)shall reside or remain in any area that may specified in the order ;
(c)shall remove himself from, and shall not return to, any area that may be specified in the order :
(d)shall notify his movements or report himself, in such manner and at such time Magistrate, as may be specified in the order.
(2)An order made under sub-section (1) (hereinafter referred to as a restriction order) 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 the restrictions or conditions specified in the order.
(3)No restriction order shall be operative for more than -
(a)one month, if made by a District Magistrate and
(b)one year, if made by the State Government.
(4)The State Government may at any time cancel or modify any restriction order made by a District Magistrate.
(5)An order made under clause (a) or clause (c) of sub-section (1) may, if made by the State Government, specify as the area to which the order relates the whole State or any part thereof only and, if made by the District Magistrate, specify as such area the whole or any part of the district only :Provided that no such order made by the State Government shall direct 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 the exclusion or removal from the district of any person ordinarily resident in the district.
(6)As soon as may be after a restriction order is made, the authority making the order shall communicate to the person against whom the order is made, so far as such communication can be made without disclosing facts likely to endanger public safety or the security of the State, the grounds on which the order has been made and such other particulars as are in its opinion adequate to enable him to make a representation to the State Government against the order, and inform him of his right to make such representation and shall afford him the earliest opportunity of doing so.
(7)When the restriction order is made by a District Magistrate, he shall forthwith report to the State Government that the order has been made, the grounds on which it has been made and such other particulars as, in his opinion, have a bearing on the case.
(8)On receipt of a representation from the person against whom a restriction order has been made, the State Government shall, as soon as may be, place it before the Advisory Council constituted under sub-section (9) together with the grounds on which it has been made.
(9)The State Government shall constitute an Advisory Council consisting of a Chairman and two other members all of whom shall be persons who are or have been, or are qualified to be appointed as Judges of a High Court.
(10)The Advisory Council shall, after considering the material placed before it and, if necessary, after calling for such further information from the State Government or from the person concerned as it may deem necessary, submit its report to the State Government within thirty days from the date on which a representation is placed before it.
(11)After the considering the report of the Advisory Council, the State Government may confirm, modify or cancel the restriction order.
(12)All particulars contained in any correspondence between the State Government and the Advisory Council and the report made by the latter shall be confidential and notwithstanding anything contained in any law for the time being in force, no Court shall be entitled to require any public servant to produce any of the aforesaid documents before it.[7A. Whoever contravences, disobeys or neglects to comply with any order made or direction given under section 4, 6 or 7 of this Act, shall on conviction, be liable to be punished with imprisonment of either description which may extend to one year or with fine or with both] [Added by Punjab Act 6 of 1954.].