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[Cites 0, Cited by 0] [Section 8B] [Entire Act]

State of Meghalaya - Subsection

Section 8B(3) in The Meghalaya Maintenance Of Public Order Act, 1947

(3)If any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for a term which may extend to two years or with fine or with both:Provided that in any proceedings arising out of a contravention of this section -
(a)in relation to the making or printing of any document, it shall be a defence for the accused to prove that the said document was made or printed, as the case may be, -
(i)before the Assam Maintenance of Public Order (Second Amendment) Act, 1949 came into force, or
(ii)with the permission or under the authority of the State Government, or
(iii)as a proof intended for submission to the State Government or to a person or authority designated by the State Government in this behalf with a view to obtaining permission for its publication;
(b)in relation to the publication of any document it shall be a defence for the accused to prove that the said document was published with the permission or under the authority of the State Government.
Explanation. - For the purpose of this section -
(a)"prejudicial act" means any act, including shouting slogans, which is intended or is likely to undermine the security, or tend to overthrow the State.
(b)"prejudicial report" means any report, statement, utterance or visible representation, which it, or the publishing of which is, an incitement to the commission of a prejudicial act :
Provided that bonafide acts indicating, disapprobation of the policy or measures of the Government with a view to obtain their alteration by lawful means shall not be deemed to be acts which are intended or are likely to undermine the security of or tend to overthrow the State.