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State of Bihar - Section

Section 6 in The Bihar Maintenance of Public Order Act, 1949

6. [ Constitution of Advisory Board and its procedure. [Substituted by Bihar Act 20 of 1951, for the original Section.]

(1)The State Government shall constitute one or more Advisory Boards each consisting of [* * *] three members who are or have been, or are qualified to be appointed as Judges of a High Court. The members of the Board, one of whom shall be the Chairman, shall be appointed by the State Government.
(2)In every case where an order has been made under sub-section (1) of Section 2, the State Government shall, within six weeks from the date of the service of the order on the person in respect of whom order has been made, place before an Advisory Board constituted under sub-section (1) the grounds on which the order has been made and the representation, if any, made by the person affected by the order together with any other relevant materials which the State Government may consider necessary.
(3)The Advisory Board shall, after considering the materials placed before it and, if necessary, after calling for such further information from the person concerned as it may deem necessary, submit its report to the State Government within ten weeks from the date of the service of the order on the person in respect of whom the order has been made.
(4)The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the making of the order under sub-section (1) of Section 2 against the person concerned.[4-A)] [Inserted by Bihar Act 6 of 1952.] Were there is a difference of opinion among the members forming the Advisory Board, the opinion of majority of such members shall be deemed to be the opinion of the Board],
(5)Nothing in this section shall entitle any person against whom an order under sub-section (1) of Section 2 has been made to attend in person or to appear by any [legal practitioner] [Substituted by Bihar Act 1 of 1955 for the words 'legal representation'.] in any matter connected with the reference to the Advisory Board and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.