order 5
Insertion of new Section : After section 2 of the said Act, the following new sections shall be inserted, namely :-
The Odisha Maintenance of Public Order (Amendment) Act, 1951After section 2 of the said Act, the following new sections shall be inserted, namely :- “Grounds of order of restriction to be disclosed to persons affected by the order 3. (1) When in exercise of the powers conferred by sub-section (1) of section 2 any order is made against a person, the authority making the order shall, as soon as may be, communicate to him at his last known address the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government. (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. 4. (1) The State Government shall, whenever necessary, constitute an Advisory Board for the purpose of this Act. (2) Such Board shall consist of three persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the State Government. 5. In every case where any order has been made under sub-section (1) of section 2, the State Government shall, within six weeks from the date of the order, place before the Advisory Board constituted by them under section 4 the grounds on which the order has been made and the representation, if any, made by the persons affected by the order, and in case where such order has been made by an authority or office subordinate to them, also the report made by him under sub-section (3) of section 2. 6. Procedure of Advisory Boards : (1) The Advisory Board shall, after considering the materials placed before it and, if necessary, after calling for such further information from the State Government or from the person concerned, as it may deem necessary, submit its report to the State Government within ten weeks from the date of the order made under sub-section (1) of section 2. (2) 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 making the order against the person concerned. (3) When there is difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. (4) Nothing in this section shall entitle any person against whom the said order has been made to attend in person or to appear by any legal practitioner in any matter connected with the reference to the Advisory Board. (5) All particulars contained in any correspondence between the State Government and the Advisory Board and the proceedings of the Advisory Board and the report made by it, except that part of the report in which the opinion of the Advisory Board is specified, shall be confidential and notwithstanding anything contained in any law for the time being in force no Courts shall be entitled to require any public servant to produce before it any of the aforesaid documents. 7. Confirmation of restriction order : (1) In any case where the Advisory Board has reported that there is in its opinion sufficient cause for making the said order against the person concerned, the State Government may confirm the order and continue the order against the person concerned for such period as they think fit. (2) In any case where the Advisory Board has reported that there is in its opinion not sufficient cause for making such an order against the person concerned, the State Government shall revoke the order. 8. In the said Act - (a) the existing sections 3 to 29 shall be renumbered as sections 8 to 34; (b) in the explanation to section 17, as so renumbered, for the words and figures “sections 10, 11, 12 and 14 “ the words and figures “sections 15, 16, 17 and 19 “ shall be respectively substituted ; (c) in sub-section (4) of section 20, as so renumbered, for the word and figure “section 16” the word and figure “section 21 “ shall be substituted; (d) in section 21, as so renumbered, for the word and figure “section 15 “ the word and figure “section 20 “ shall be substituted.”
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