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State of Meghalaya - Section

Section 2 in The Meghalaya Maintenance Of Public Order Act, 1947

2. Power to make orders restricting the movements or actions of certain persons.

(1)The State Government, if satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the public safety and maintenance of public order it is necessary so to do, may make an order -
(a)directing that, except in so far as he may be permitted by the provisions of the order, or by such authority or person as may be specified therein, he shall not be in any such area or place in Meghalaya as may be specified in the order;
(b)requiring him to reside or remain in such place or within such area in Meghalaya 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)Requiring him to notify his movements or to report himself or both to notify him movements and report himself in such manner, at such times and to such authority or person as may be specified in the order;
(d)Imposing upon him 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 persons, and in respect of his activities in relation to the dissemination of news or propagation of the opinions;
(e)Prohibiting or restricting the procession or use by him of any such articles or articles as may be specified in the order;
(f)Otherwise regulating his conduct in any such particular manner as may be specified in the order.
(2)A District magistrate may exercise the power conferred by sub-section (1) and an order so made by him shall be valid for a period not exceeding two months.
(3)When any order is made under sub-section (1) by a district Magistrate or by an officer or authority empowered under Section 9 the District Magistrate or that office or authority as the case may be shall forthwith report the fact to the State Government, together with the grounds on which the order has been made and such other particulars as, in the opinion of such officer or authority, have a bearing on the necessity for or expediency of the order.
(4)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, for the due performance of, such restriction or conditions made in the order as may be specified in the order.
(5)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 an place in accordance with the requirements of such an order then he may be removed from such area or place by any police officer or by any person acting on behalf of Government.
(6)If the State Government has reason to believe that a person in respect of whom such an order as aforesaid has been made has absconded or is concealing himself so that the order cannot be executed, it may -
(a)make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure, 1898, shall apply in respect of the said person and his property as if the order under clause (a) or (b) of sub-section (1) of section 2 were a warrant issued by the Magistrate.
(b)By order notified in the official Gazette, direct the said person to appear before such officer, at such place, and within such period as may be specified in the order, and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(7)If any person contravenes any order made under this section, 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 (4) his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid.
(8)If any person required to enter upon a bond under sub-section (4) refuses or fails to do so within the time specified in the order, he shall be punishable with imprisonment for a term which may extend to one year:Provided that if during the course of trial or during the period the person is in imprisonment the bond is duly entered upon by him, the trial or the imprisonment, as the case may be, shall abate with effect from the date the bond is entered into.