Section 2 in The Bihar Maintenance of Public Order Act, 1949
2. Power to make orders restricting the movements or actions of, or detaining, certain persons.
(1)The [State] [Substituted by A. L. O.] Government, if satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to [**] [The words 'the public safety and' repealed by Bihar Act 20 of 1951.] the maintenance of public order [and of services and supplies essential to the life of the community] [Inserted by Bihar Act 26 of 1953.] it is necessary so to do, may make an order-[Clause (a) repealed by Bihar Act 20 of 1951.](a)[] [Clauses (b), (c), (d) and (e) re-lettered as Clauses (a), (b), (c) and (d) respectively by Bihar Act 20 of 1951.] directing that, except in so far as he may be permitted by the provisions of the order, or by such authority or persons as may be specified therein, he shall not be in any such area or place in the [State] [Substituted by A. L. O.] of Bihar as may be specified in the order;(b)[] [Clauses (b), (c), (d) and (e) re-lettered as Clauses (a), (b), (c) and (d) respectively by Bihar Act 20 of 1951.] requiring him to reside or remain in such place or within such area in the [State] [Substituted by A. L. O.] of Bihar as may be specified in the order and if he is not already there to proceed to that place or area within such time as may be specified in the order;(c)[] [Clauses (b), (c), (d) and (e) re-lettered as Clauses (a), (b), (c) and (d) respectively by Bihar Act 20 of 1951.] requiring him to notify his movements or to report himself or both to notify his movements and report himself in such manner, at such times and to such authority or person as may be specified in the order;(d)[] [Clauses (b), (c), (d) and (e) re-lettered as Clauses (a), (b), (c) and (d) respectively by Bihar Act 20 of 1951.]imposing upon him [such reasonable restrictions] [Substituted by Bihar Act 6 of 1952, for the words 'such restrictions'.] as may be specified in the order in respect of his employment or business, in respect of his association or communication with other person, and in respect of his activities in relation to the dissemination of news or propagation of opinions;(e)[ prohibiting or restricting the possession or use by him of any such article or articles as may be specified in the order;] [Clauses (f) and (g) re-lettered as clauses (e) arid (f) by Bihar Act 20 of 1951.][* * * * * *] [Clause (f) repealed by Bihar Act 6 of 1952.][* * * * * *] [Sub-section (2) repealed by Bihar Act 20 of 1951.](1a)[ An order made under Clause (a) of sub-section (1) may specify the whole State, or any part thereof, as the area or place to which the order relates:Provided that no such order shall direct the exclusion or removal from the whole State of any person ordinarily resident in the State.] [Inserted by Bihar Act 1 of 1956.](2)[] [Sub-sections (3) and (4) re-numbered as sub-sections (2) and (3) respectively by Bihar Act 1 of 1956.] An order made under sub-section (1) may require the person in respect of whom it is made to enter into a bond, with or without sureties, to the satisfaction of the District Magistrate or the Sub-divisional Magistrate for the due performance of, or as an alternative to the enforcement of, such restrictions or conditions made in the order as may be specified in the order.(2)[] [Sub-sections (3) and (4) re-numbered as sub-sections (2) and (3) respectively by Bihar Act 1 of 1956.] If any person is in any area or place in contravention of an order made under the provisions of this Section, or fails to leave any area or place in accordance with the requirement of such an order, then, [**] [The words 'without prejudice to the provisions of sub-section (6)' repealed by Bihar Act 1 of 1956.] he may be removed from such area or place by any police officer or by any person acting on behalf of the [State] [Substituted by A.L.O.] Government.[* * * * * *] [Sub-sections (5) and (6) repealed by Bihar Act 20 of 1951.](4)[ If any person contravenes any order made under this section [*] [Sub-section (7) re-numbered as sub-section (4), by Bihar Act 20 of 1951.] he shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such person has entered into a bond in pursuance of the provisions of [sub-section (2)] [Substituted by Bihar Act 20 of 1951 for the words & figure 'sub-section (3)'.], his bond shall be forfeited.](5)[] [Sub-sections (8), (9), (10), (11), (12), (13), (14), (15) and (16) re-numbered as sub-sections (5), (6), (7), (8), (9), (10), (11), (12) and (13) respectively by Bihar Act 20 of 1951.] Whenever it is provided to the satisfaction of the Court of a Magistrate of the first class that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid.(6)[] [Sub-sections (8), (9), (10), (11), (12), (13), (14), (15) and (16) re-numbered as sub-sections (5), (6), (7), (8), (9), (10), (11), (12) and (13) respectively by Bihar Act 20 of 1951.] If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of movable property belonging to such person or his estate, if he be dead.(7)[] [Sub-sections (8), (9), (10), (11), (12), (13), (14), (15) and (16) re-numbered as sub-sections (5), (6), (7), (8), (9), (10), (11), (12) and (13) respectively by Bihar Act 20 of 1951.] Such warrant may be executed within the Local limits of the jurisdiction of the Court which issued it; and it shall authorise the attachment and sale of of any movable property belonging to such person without such limits, when endorsed by the District Magistrate or the Chief Presidency Magistrate within the local limits of whose jurisdiction such property is found.(8)[] [Sub-sections (8), (9), (10), (11), (12), (13), (14), (15) and (16) re-numbered as sub-sections (5), (6), (7), (8), (9), (10), (11), (12) and (13) respectively by Bihar Act 20 of 1951.] If If such penalty is not paid and cannot be recovered by such attachment and sale the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months.(9)[] [Sub-sections (8), (9), (10), (11), (12), (13), (14), (15) and (16) re-numbered as sub-sections (5), (6), (7), (8), (9), (10), (11), (12) and (13) respectively by Bihar Act 20 of 1951.] The Court may at its discretion remit any portion of the penalty maintained and enforce payment in part only.(10)[] [Sub-sections (8), (9), (10), (11), (12), (13), (14), (15) and (16) re-numbered as sub-sections (5), (6), (7), (8), (9), (10), (11), (12) and (13) respectively by Bihar Act 20 of 1951.] If a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liabilities in respect of the bond.(11)[] [Sub-sections (8), (9), (10), (11), (12), (13), (14), (15) and (16) re-numbered as sub-sections (5), (6), (7), (8), (9), (10), (11), (12) and (13) respectively by Bihar Act 20 of 1951.] If any surety to a bond becomes insolvent or dies, or if any bond is forfeited under provisions of [sub-section (4)] [Substituted by Bihar Act 20 of 1951 for the words & figures 'sub-section (7)'.], any Magistrate of the first class may order the person from whom such bonds was demanded to give another surety or as the case may be, to enter into a fresh bond in accordance with the directions of the original order, and if such surety is not given or a fresh bond is not furnished, such Magistrate may proceed as if there had been a default in compliance with the original order.(12)[ If the person required to execute a bond by an order made under subsection (1) is a minor, the bond may be executed by a surety only.] [Substituted by Bihar Act 20 of 1951 for sub-sections (9) and (11)'.](13)[] [Substituted by Bihar Act 20 of 1951 for sub-sections (9) and (11)'.] All orders passed under [sub-sections (6) and (8)] [Substituted by Bihar Act 20 of 1951 for the words and figure sub-section (3)'] shall be appealable to the Court of Session or, if not so appealed, may be revised by the High Court.
