41A. Power to prohibit drill, training or assembly.--
(1)(a)The Commissioner may, whenever he considers it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by order in writing prohibit the holding of, or taking part in, any drill,training or assembly, with arms or in uniform resembling that of Armed Forces of the Union or Police-force, whether in a public or private place, or the carrying of arms in any procession.(b)The Commissioner may, whenever he considers it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by, order in writing prohibit--(i)the use of gestures or mimetic representations or playing of tapes or gramaphone records or other instruments in which speeches or songs are recorded, or(ii)the preparation, exhibition or dissemination of pictures, symbols, placards, signs, visible representations or any other object or thing,which may, in the opinion of the Commissioner, offend against decency or morality, or promote on ground of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony, feelings of enmity or hatred or ill-will between different religious, racial, language or regional groups or castes or communities.(2)No prohibition under this section shall remain in force for more, than three months:Provided that if the State Government consider it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, they may, by notification direct that the order issued under sub-section (1) shall remain in force for such further period not exceeding six months from the date on which such order would have, but for such notification expired, as they may specify in the said notification.(3)Whoever, contravenes any prohibition made under this section shall, on conviction, be liable to imprisonment for a term which may extend to six months, and with fine which may extend to two thousand rupees.(4)Nothing contained in clause (a) of sub-section (1) shall apply to--(i)the holding of or taking part in, any drill with arms or training with arms held by the,--(a)members of Home Guards;(b)members of Bharat Scouts and Guides in the capacity as such members;(c)police-personnel;(d)Fire Service personnel;(e)Jail Service personnel;(f)members of the armed forces of the Union including the National Cadet Corps; or(ii)the doing of any physical exercise other than drill, training or assembly, with arms or in uniform resembling that of Armed Forces of the Union or Police-force.(5)Notwithstanding anything contained in this section, if the State Government are satisfied that it is necessary or expedient in the public interest so to do, they may, by notification, exempt, subject to such conditions as they deem fit, any person or class of persons from the provisions of clause (a) of sub-section (1) of this section.Explanation.— For the purpose of this section,-(a)the word ‘assembly’ includes any assembly which is open to the public or to any class or portion of the public;(b)the word ‘arms’ means any type of offensive weapon and includes lathi and stick.
