order 4
Amendment of Section 2: For sub-sections‘ (1), (2)‘ and (3) of section 2, of the saidAct, the following sub-sections shall be substituted, namely :— ‘
The Odisha Maintenance of Public Order (Amendment) Act, 1951For sub-sections (1), (2) and (3) of section 2, of the said Act, the following sub-sections shall be substituted, namely :- “Power to make order restricting the movements or action of certain person : (1) If the State Government or a District Magistrate is satisfied with respect to any person that he is acting, or is likely to act, in a manner prejudicial to the security of the State or to the maintenance of public order or to the interest of the general public or the protection of the interest of the Scheduled Tribes in Orissa, and that, in order to prevent him from so acting it is necessary to make an order under this section (hereinafter referred to as a “restriction order “), the State Government or the District Magistrate, as the case may be, 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 persons as may be specified therein, he shall not be in any such area or place in the State of Orissa as may be specified in the order ; (b) requiring him to reside or remain in such place or within such area in the State of Orissa 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 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) 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 opinions :- (e) prohibiting or restricting the possession or use by him of any such article or articles as may be specified in the order : Provided that no restriction order of the nature mentioned in clause (d) shall be made unless the State Government or the District Magistrate, as the case may be, is satisfied that the person is acting or is likely to act, in a manner prejudicial to the security of the State. (2) No restriction order by the State Government shall be made directing the exclusion or removal from the State of any person ordinarily resident in the State ; and no such order made by the District Magistrate shall direct exclusion or removal from the district of any person already resident in that district. (3) When any order is made under subsection (1) by the District Magistrate or an officer or authority empowered under section 29, the District Magistrate or that officer 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 the District Magistrate or such officer or authority, have a bearing on the necessity for or expediency of the order.”
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