Section 9 in The Bihar Maintenance of Public Order Act, 1949
9. [ Control of processions, meetings, etc. [Substituted by Bihar Act 20 of 1951, for original Section.]
(1)The State Government may, for the purpose of the maintenance of public order, direct by general or special order that in any area or place, as may be specified in the order, no person shall,-(a)While taking part in any public procession, meeting or assembly, carry such arms as may be specified in the order;(b)Join or take part in any public meeting or assembly, unless the convener or organiser of such meeting or assembly has intimated, in writing the hour and place of the meeting or assembly in advance for such period, in such manner and to such authority as may be prescribed by rules made in this behalf by the State Government].(2)[ (i) Subject to the provision of sub-section (1) and sub-clause (ii) (a) of this sub-section, if in the opinion of the State Government, a public procession other than marriage or funeral procession, if taken out in any area or place, without giving advance information about it to the authorities, is likely to be prejudicial to the maintenance of public order, it may by a general or special order direct that the organisers, promoters or directors of such public processions, except of marriage or funeral procession, in the said area or place as may be specified in that order, shall furnish in writing in advance, for such period before the date of taking out the processions, such particulars, in such manner and to such authority, as may be prescribed by Rules made in this behalf by the State Government.(ii)If in the opinion of the State Government the requirement of a situation in any area or place is such that a public procession, if uncontrolled, is likely to be prejudicial to the maintenance of public order, it may, by general or special order direct that in the said area or place specified in the order, no procession except marriage or funeral procession, shall be permitted unless the persons organising, promoting or directing the procession apply for and obtain a license from the authority prescribed in this behalf by the State Government.(b)On such application being made, the said prescribed authority may, for reasons to be recorded in writing, refuse a licence for the procession or issue a license specifying the names of the licencees and defining the conditions on which alone such procession is to be permitted to take place and otherwise giving effect to sub-clause (ii):Provided that no fee shall be charged on the application for or grant of, any such license.(c)the general or special order under sub-clause (ii) (a) shall be made by publishing it in the Official Gazette. The District Magistrate may also, in his discretion, publish the order in such other manner as he may think best in the circumstance to bring it to the notice of the inhabitants of the said area.(d)No order under sub-clause (ii) (a) shall remain in force for more than six months from the publication thereof in the Official Gazette.](3)[ For the purposes of [sub-sections (1) and (2) any procession,] [Sub-sections (2), (3) and (4) renumbered as sub-section (3), (4) and (5) by Bihar Act 20 of 1951.] meeting or assembly which is open to the public or to any class or portion of the public, whether held in a public or a private place and whether admission thereto is restricted by the issue of tickets or otherwise, shall be deemed to be a public procession, meeting or assembly, as the case may be.(4)[] And police officer may take such steps, and use such force as may be reasonably necessary for securing compliance with any order made under this Section.(5)[] If any person contravenes any order made under this Section, he shall he punishable with imprisonment for a term which may extend to one year, or with fine, or with both.] [Substituted by Bihar Act 12 of 1957, for original sub-section.]
