Vidhi Codex

section 6

Power to prohibit circulation within the State or entry into the State of certain documents.

The Jammu and Kashmir Public Safety Act, 1978
Criminal197825 sections
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Statutory text
  1. (1) The Government, or any authority authorised by it in this behalf, if satisfied that such action is necessary for the purposes of preventing or combating any activity prejudicial to the maintenance of communal or sectarian, or regional harmony affecting or likely to affect public order, may, by notified order, regulate, or restrict the circulation within the 1[Union territory of Jammu and Kashmir], or prohibit or restrict the importation into the 1[Union territory of Jammu and Kashmir], of any document : Provided that no such order shall remain in force for more than three months from the making thereof unless before the expiry of such period and in case the High Court does not otherwise direct, the Government, by an order made in the like manner, extend it by any period not exceeding three months at a time as it thinks fit, so, however, that the total period of the original order does not exceed one year : Provided further that a person aggrieved by such order may, within ten days of the passing thereof, make a representation to the Government which may on consideration confirm, modify or rescind the order within 21 days of the making of the representation after giving the aggrieved party an opportunity of being heard : Provided also that in case the representation is rejected by the Government, the aggrieved person may within a period of two months from the date of the order rejecting the representation apply to the High Court to set aside such order. Every such application shall be heard and determined by a Special Bench of the High Court composed of three Judges.
  2. (2) Any person who contravenes an order made under this section shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
  3. (3) In the event of disobedience of an order mad under sub-section (1) the Government or the authority issuing the order, may, without prejudice to the penalty to which the person guilty of the disobedience is liable under subsection (2), order the seizure of all copies of any such document.

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