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State of Assam - Section

Section 16 in The Assam Criminal Law (Amendment) Act, 1934

16. Power of the appropriate Government to deal with certain suspects.

(1)Where, in the opinion of the appropriate Government, there are reasonable grounds for believing that any person-
(i)is a member of an association of which the objects and methods include the commission of any offence included in the Second Schedule or the doing of any act with a view to interfere by violence or threat of violence with the administration of justice; or
(ii)has been instigated or is being controlled by a member of any association with a view to the commission or doing of any such offence or act; or
(iii)has done or is doing any act to assist the operation of any such association;
the appropriation Government may, after giving the person or persons concerned such reasonable opportunity to explain his conduct as may be practicable, by order in writing, giving any or all of the following directions, namely, that such person-
(a)shall notify his residence and any change of residence to such authority as may be specified in the order;
(b)shall report himself to the police in such manner, and at such periods as may be specified;
(c)shall conduct himself in such manner or abstain from such acts as may be so specified;
(d)shall reside or remain to any area so specified;
(e)shall not enter, reside in or remain in any area so specified;
(f)shall be committed to custody in jail; and may at any time add to, amend, vary or rescind any order made under this section:
Provided that such order shall be reviewed by the appropriate Government at the end of one year from the date of the making of the order, and shall not remain in force for more than one year unless upon such review the appropriate Government direct its continuance.
(2)The appropriate Government in its order under sub-section (1) may direct-
(a)the arrest without warrant of the person in respect of whom the order is made in any place where he may be found by any police officer or by any servant of the Government to whom the order may be directed or endorsed by or under the general or special authority of the appropriate Government;
(b)the search of any place specified in the order which, in the opinion of the appropriate Government, has been, is being or is about to be used by such person for the purpose of doing any act, or committing any offence, of the nature described in sub-section (1).