[Act No. 17 of 1965] [31st August, 1965] An Act to provide for
maintenance of public order by removal of previously convicted offenders and
persons about to commit an offence and dispersal of gangs and bodies
entertaining unlawful designs and for purposes connected therewith Be it enacted by the Madhya Pradesh Legislature in the
Sixteenth Year of the Republic of India as follows:-- (1) This Act may be called the Madhya
Pradesh Maintenance of Public Order Act, 1965. (2) It extends to the whole of Madhya
Pradesh. (3) It shall come into force on such date
as the State Government may by notification appoint. In this Act, unless the context otherwise requites,
"district" means a territorial division constituting a district for
purposes of the Code of Criminal Procedure, 1898. Whenever it appears to the District Magistrate that the movement
or encampment of any gang or both of persons in the a district is causing or is
calculated to cause danger or alaram or reasonable suspicion that unlawful
designs arc entertained by such gang or body, or by members thereof, the
District Magistrate may by order addressed to the persons appearing to he the
leaders or chief men of such gang or body and published by beat of drum or
otherwise, as the District Magistrate thinks fit, direct the members of such
gang or body-- (a) to conduct themselves in such manner
as may be necessary in order to prevent violence and alarm; or (b) to disperse and each of them to remove
himself out-side the district or any part thereof or such area and any district
or districts, or any part thereof, contiguous thereto within such time as the
District Magistrate may specify, and not to enter the district or part thereof
or such area and such contiguous districts, or part thereof, as the case may
be, or return to the place from which each of them was directed to remove
himself. Whenever it appears to the District Magistrate-- (a) that, the movements or acts of any
person are causing or calculated to cause alarm, danger or harm to person or
property; or (b) that there are reasonable grounds for
believing that - such person is engaged on is about to be engaged in the
commission of an offence involving force or violence or an offence punishable
under Chapter XII, XVI or XVII on under section 506 or 509 of the Indian Penal
Code, 1860 (15 of 1860) or in the abetment of any such offence, and when in the
opinion of the District Magistrate witnesses are not willing to come forward to
give evidence in public" against such person by reason of apprehension on
their part as regards the safety of their person or property; or (c) that an Outbreak of epidemic disease
is likely to result from the continued residence of an immigrant; the District Magistrate may, by an order in writing duly
served on him or by beat of drum or otherwise as the District Magistrate thinks
fit, direct such person or immigrant-- (a) so as to conduct himself as shall seem
necessary in order to prevent violence and alarm, or the outbreak or spread of
such disease; or (b) to remove himself outside the district
or any part thereof on such area and any district or districts, or any part
thereof, contiguous there to by such route and within such time as the District
Magistrate may specify and not to enter or return to the said district or part
'thereof or such area and such contiguous districts, or part thereof, as the
case may be, horn which he was directed to remove himself. If a person has been convicted-- (a) of an offence under Chapter XII, XVI
or XVII or under section 506 or 500 of the Indian Penal Code, 1860 (45 of
1860); or (b) twice, of an offence-- (i) under the Suppression of Immoral
Traffic in Women and Girls Act. 1956 (104 of 1956), or (ii) within a period of three years under
clause (a), (b), (c), (f) (g) or (h) of sub-section (1) of section 6 or under
section 9 of the Madhya Pradesh Prohibition Act, 1938 (7 of 1938); or (c) thrice, of an offence within a period
of three years under any of the provisions of the aforesaid Prohibition Act,
other than those mentioned in sub-clause (ii) of clause (b) above on section 3
or 1 of the Public Gambling Act. 1867 (3 of 1867) in its application to (he
State of Madhya Pradesh; the District Magistrate may, if he has reason to believe
that such person is likely again to engage himself in the commission of an offence
similar to that for which he was convicted, direct such person to remove
himself outside the district or part thereof or such area and any district or
districts, of any part thereof, contiguous thereto by such route and within
such time, as the District Magistrate may order and not to enter or return to
the district or part thereof or such area and such contiguous districts or part
thereof, as the case may be, from which he was directed to remove himself Explanation.--For the purpose of this section, the
expression, "an offence similar to that for which a person was
convicted" means-- (i) in the case of a person convicted of
an offence mentioned in clause (a), an offence falling under any of the
Chapters or sections of the Indian Penal Code, 1860 (45 of 1860) mentioned in
that clause; and (ii) in the case of a person convicted of
an offence mentioned in clauses (b) and (c), an offence falling under the
provisions of the Acts mentioned respectively in the said clauses. A direction made under section 3, 4 or 5 not to enter; any
district or part thereof or such area and any district or districts, or any
part thereof, contiguous thereto as the case may be, shall be for such period
as may be specified therein and shall in no case exceed a period' of one year
from the date on which it was made. (1) Before an order under section 3, 4 or
5 is passed; against any person, the District Magistrate shall inform the
person in writing of the general nature of the material allegations against him
and give hun a reasonable opportunity of tendering an explanation regarding
them. (2) If such person makes an application
for the examination of any witness produced by him, the District Magistrate
shall grant, such application and examine such witnesses unless for reason to
be recorded in writing, the District Magistrate is of opinion that such
application is made for the purpose of vexation on delay. (3) Any written statement put in by such
person shall be filed with the record of the case and such person shall be
entitled to appear before the District Magistrate by any legal practitioner for
the purpose of tendering his explanation and examining the witnesses produced
by him. (4) The District Magistrate proceeding
under sub-section (1) may, for the purpose of securing the attendance of any
person against whom any older is proposed to be made under section a 4 or 5,
require such person to appear before him and to execute a security bond with or
without sureties for such attendance during the inquiry (5) It the person tails to execute the
security bond as required or fails to appear before the District
Magistrate" during the inquiry, it shall be lawful for the District
Magistrate to proceed with the enquiry exparte and thereupon such order, as was
proposed to be passed against him, may be passed. (1) Any person aggrieved by an order made
under section 3, 4 or 5 may appeal to the State Government within thirty days
from the date of such order. (2) An appeal under this section shall be
preferred in the form of a memorandum setting forth concisely the grounds of
objection to the order appealed against, and shall be accompanied by a
certified copy thereof. (3) On receipt of such appeal, the State
Government ma), after giving a reasonable opportunity to the appellant to be
heard either personally or by a legal practitioner and after such further
inquiry, if any, as it may deem necessary, confirm, vary or rescind the order
appealed against ; Provided that the order appealed against shall remain in
force pending the disposal of the appeal, unless the State Government otherwise
directs. (4)
In calculating the period
of thirty days provided for an appeal under this section, the time taken for
granting a certified copy of the order appealed against, shall be excluded. Any order passed under section 3, 4 or 5 or by the, State
Government under section 8 shall not be called in question in any court except
on the grounds-- (i) that the District Magistrate had not
followed the procedure laid down in sub-section (1) of section 7; or (ii) that there was no material before the
District Magistrate upon which he could have based his order; or (iii) that the "District Magistrate was
not of opinion that witnesses were unwilling to come forward to give evidence
in public against the person in respect of whom an order was made under section
4. If a person to whom a direction has been issued under
section 3, 4 or 5 to remove himself from a district or part thereof or such
area and any district or districts, or any part thereof contiguous thereto-- (i) falls to remove himself as directed;
or (ii) having so removed himself except with
the permission in writing as provided in section 11, enters the district or
part thereof or any district or districts or any part thereof contiguous
thereto, as the case may be, within the period specified in. the order; the District Magistrate may cause him to be arrested and
removed in police custody to such place outside such area as the District
Magistrate may in each case specify (1) The State Government of the District
Magistrate may in writing permit, any person in respect of whom an order under
section 3, 1 or 5 has been made to enter or return, for such temporary period
and subject to such conditions as may be specified in such permission, to the
district, or part thereof or such area and any contiguous, district or
districts or part thereof from which he was directed to remove himself. (2) The aforesaid permission may at any
time be revoked by the Stale Government or the District Magistrate, as the case
may be. (3) In permitting a person under
sub-section (1) to enter or return to the district, or such part thereof or
such area and any contiguous district or districts or part thereof, as the case
may be, from which he was directed to remove himself, the authority giving the
said permission may require him to execute a bond with or without surely for
due observance of the conditions imposed on him. (4) Any person who in pursuance of a
permission granted under sub-section (1) enters or returns to the district or
part thereof, or such area and' any contiguous district or districts or part
thereof, as the case may be, from which he was directed to remove himself shall
observe the conditions imposed in the such permission, and at the expiry of the
temporary period for which he was permitted to enter or return, or on the
earlier revocation of such permission, shall remove himself outside such
district or part thereof or such area and any contiguous district or districts
or part thereof, as the case may be, and shall not enter therein or return
thereto within the unexpired residue of the period specified in the original
order made under section 3, 4 or 5 without a fresh permission. (5) If such person fails to observe any of
the conditions imposed, or to remove himself accordingly, or having so removed
himself enters or returns to the district, or the part thereof or such area and
any contiguous district or districts or part thereof, without fresh permission,
then, without prejudice to am other action that may be taken against him under
this Act, the District Magistrate may cause him to be arrested and removed in
police custody to such place outside area as the District Magistrate may in
each case specify. (1) The State Government or any officer
specially empowered by the State Government in that behalf, may, in like
circumstances, and in like manner, exercise the powers exercisable in a
district by the District Magistrate under sections 3, 4 and 5 with this
modification that it shall be lawful for the State Government or he officer
specially empowered to direct the members of such gang or body, or persons or
immigrants, or persons convicted, as the case may be, to remove themselves from
and not to enter or return to any district or districts or parts thereof
whether contiguous thereto or not. (2) The provisions of sections 6, 7, 9, 10
and 11 and of section 8 where the order is passed by the officer specially
empowered by the State Government under subsection (1) shall mutatis mutandis
apply to the exercise of any powers under this section as they apply to the
exercise of any powers under section 3, 4 or 5 (3) Where the order is passed by the Stale
Government under sub-section (1), the State Government, may, either on its own
motion or on an application of the person aggrieved, review any order passed by
itself and pass such order in reference thereto as it thinks fit: Provided that, no order shall be varied or reversed unless
notice has been given to the person concerned to appear and be heard in support
of such, order. If any person appears or disobeys or fails to conform to
any direction issued under section 3, 4, 5 or is or abets opposition to or
disobedience of any such direction he shall be punishable with imprisonment
which may extend to one year but shall not, except for reasons to be recorded
in writing, be less than four months, and shall also be liable to fine. Without prejudice to the power to arrest and remove a
person in the circumstances and in the manner provided in section 10, any
person who-- (a) in contravention of a direction issued
to him under section 3, 1, 5 or 12 enters or returns without permission to the
district or part thereof, or such area and any other district or districts or
part thereof, from which he was directed to remove himself; (b) enters or returns to any such area or
district aforesaid or part thereof with permission granted under section 11 but
fails, contrary to the provisions thereof, to remove himself outside such area
at the expiry of the temporary period for which he was permitted, to enter or
return or on the earlier revocation of such permission, or having removed
himself at the expiry of such temporary period or on revocation of the
permission, enters or returns thereafter without fresh permission; shall be punishable with imprisonment for a term which may
extend to two years, but shall not except for reasons to be recorded in writing
be less than six months, and shall also be liable to fine. Notwithstanding anything contained in any, law for the time
being in force, in a prosecution for an offence for the contravention of a
direction issued under section 3, 4, 5 or 12 on the production of an authentic
copy of the order, it shall, until the contrary is proved and the burden of
proving which shall lie on the accused, be presumed-- (a) that the order was made by the
District Magistrate or Sub-Divisional Magistrate empowered by the 'State
Government under section 17 or the State Government or any officer specially
empowered by the State Government under section 13, as the case may be (b) that the District Magistrate or the
Additional District Magistrate or Sub-Divisional Magistrate empowered by the
State Government under section 17 or the Stale Government or any officer
specially empowered by the State Government under section 12, as the case may
be, was satisfied that the grounds on or the purpose for which it was made,
existed, and that it was necessary to make the same; and (c) that the order was otherwise valid and
in conformity with the provisions of this Act. If any person permitted under subsection (1) of section 11
fails to observe any condition imposed under the said sub-section or in the
bond entered into by him under sub-section (3) of the said section his bond
shall be forfeited and any person bound thereby shall pay the penalty thereof
or show cause to the satisfaction of the Court why such penalty should not be
paid. Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), the State Government may by order direct that any
power or duty conferred or imposed on a District Magistrate under this Act
shall be exercised or performed by such Additional District Magistrate or
Sub-Divisional Magistrate and for such areas as may be specified in the order- Nothing in this Act shall be deemed to require the State
Government' or the officer specially empowered by it under section 12 or the
District Magistrate or the Additional District Magistrate or Sub-Divisional
Magistrate empowered under section 17, as the case may be, to disclose to the
person against whom an order is made under sections 3, 4, 5 and 12 of this Act
or to any court of law the source of its or his information or any fact, the
communication of which might, in the opinion of the State Government or the
officer empowered under section 12 or the District Magistrate or the Additional
District Magistrate or Sub-Divisional Magistrate empowered under section 17, as
the case may be, lead to the disclosure of the identity or name of any
informant. (1) No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith
done or intended to be done in pursuance of this Act or any rules and orders
made thereunder. (2) No suit or other legal proceedings
shall lie against the State Government or any officer subordinate to it in
respect of any damage caused or likely to be caused by anything in good faith
done or intended to be done in pursuance of this Act or any rules and orders
made thereunder. Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), an offence punishable under this Act shall be
cognizable and non-bailable. The provisions of this Act shall be in addition to and not
in derogation of any other enactment for the time being in force (1) The State Government may, after
previous publication, make rules to carry out the purposes of this Act (2) All rules made under this Act shall,
as soon as possibly then they made, be laid on the table of the Legislative
Assembly. The Madhya Pradesh Goondas Act, 1946 (No. X of 1946) and
the Madhya Bharat Vagrants, Habitual Offenders and Criminals (Restrictions and
Settlement) Act, Samyal 2009 (Act No 35 of 1952) are hereby repealed.THE
MADHYA PRADESH MAINTENANCE OF PUBLIC ORDER ACT, 1965
PREAMBLE