[M.P. Act
No. 4 of 1991] [22nd January, 1991] Received
the assent of the President on the 22nd January, 1991; assent first published
in the "Madhya Pradesh Gazette (Extra-ordinary)", dated the 8th
February, 1991, An Act to
provide for the security of the State, maintenance of public order and certain
other matters connected therewith. Be it
enacted by the Madhya Pradesh Legislature in the Forty-first Year of the
Republic of India as follows :- CHAPTER I Preliminary (1)
This Act may be called the
Madhya Pradesh Rajya Suraksha Adhiniyam, 1990. (2)
It extends to the whole of
Madhya Pradesh. CHAPTER II Restriction of
Movements and Actions of Persons In this
Chapter "restriction order" means an order made under Section 3. (1)
If a District Magistrate is
satisfied with respect to any persons that he is acting or is likely to act in
a manner prejudicial to the security of the State or the maintenance of public
order and that, in order to prevent him from so acting it is necessary in the
interest of the general public to make an order under this Section, the
District Magistrate, may make an order,- (a)
requiring him to notify 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 persons as may be specified in
the order; (b)
imposing upon him such restrictions as may be
specified in the order, in respect of his association or communications with
such persons as may be mentioned in the order; (c)
prohibiting or restricting the possession or
use by him of any such article or articles as may be specified in the order. (2)
A restriction order made under
sub-section (1) shall remain in operation for such period as may be specified
therein and shall in no case exceed a period of one year from the date of the
order. CHAPTER III Dispersal of
Anti-Social Elements and Previous Convicts Whenever it
appears to the District Magistrate that the movement or encampment of any gang
or body of persons in the district is causing or is calculated to cause danger
or alarm or reasonable suspicion that unlawful designs are entertained by such
gang or body, or by members thereof the District Magistrate, may by an order
addressed to the persons appearing to be the leaders or chiefmen of such gang
or body and published by beat of rumor 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 outside the district or any part thereof or such area, and any district
or districts, or any part thereof contiguous thereto with such time as the
District Magistrate may specify, and not to enter the said district or part
thereof or such area and such contiguous districts, or part thereof, as the case
may be or not to 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 reasonably grounds for
believing that such person is engaged or 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 or under Section 506 or 509 of the Indian Penal
Code, 1860 (45 of 1860) or in the abatement 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 duty 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 my
part thereof or such area and any district or districts or any part thereof,
contiguous thereto by such route 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,
from which he was directed to remove himself. If a person
has been convicted- (a)
of an offence,- (i)
under Chapter XII, XVI or XVII or under
Section 506 or 509 of the Indian Penal Code, 1860 (45 of I860); or (ii)
under the Protection of Civil Rights Act,
1955 (22 of 1955); or (b)
twice, of an offence under Suppression of
Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (c)
thrice, of an offence within a period of
three years under [1][Section
3 or 4 or 4-A] of the Public Gambling Act, 1867 (3 of 1967), in its
application to the State of Madhya Pradesh; the District
Magistrate may, if he has reason to believe that such person is likely against
to engage himself in the commission of an offence similar to that for which he
was convicted direct such person by an order to remove himself outside the
district or part thereof or such area and any district or districts or 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 district 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 he was
convicted" means :- (i)
in the case of a person convicted of an
offence mentioned in clause (a), tin offence falling under any of the Chapters
or Sections of the Indian Penal Code, 1860 (45 of 1860), mentioned in that
clause or an offence falling under the provisions of the Act mentioned in
sub-clause (ii) of 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 4, 5 or 6 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 dale of which it was made. (1)
Before an order under
Section 3, 4, 5 or 6 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 him 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 or 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 order is proposed to be made under
Section 3, 4, 5 or 6 require such person to appear before him and to execute a
security bond with or without sureties for such attendance during the inquiry. (5)
If the person fails to
execute the security bond as required or fails to appeal before the District
Magistrate during the inquiry, it shall be lawful for the District Magistrate
to proceed with the enquiry ex
parte and thereupon such order, as was proposed to be passed
against him, may be passed. (1)
Any person aggrieved by an
order under Section 3, 4, 5 or 6 made by the District Magistrate or any other
officer specially empowered under Section 13 may appeal to the State Government
within thirty days from the date of such order. Such appeal shall be decided as
far as possible within a period of four months of the date of filing of the
appeal. (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 may 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 operation 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, 5 or 6 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 8; 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 5. If a person
to whom a direction has been issued under Section 4, 5 or 6 to remove himself
from a district or part thereof or such area and any district or districts, or
any part thereof contiguous thereto,- (i)
fails to remove himself as directed; or (ii)
having so removed himself except with the
permission in writing as provided in Section 12 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 or the
District Magistrate may in writing permit, any person in respect of whom an
order under Section 4, 5 or 6 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 State 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 surety 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 areas and any contiguous district or districts or part
thereof, as the case may be, for which he was directed to remove himself shall
observe the conditions imposed in the said 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 4, 5 or 6 without a fresh permission. (5)
If such person fails to
observe any of the contributions 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 any 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 the
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 Section 3, 4, 5 or 6 with this
modification that it shall be lawful for the State Government or the 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 or any district or districts or parts thereof
whether contiguous thereto or not. (2)
The provisions of Sections
7, 8,10, 11 and 12 and of Section 9 where the order is passed by the officer
specially empowered by the State Government under sub-section (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, 5 or 6. (3)
Where the order is passed by
the State 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 opposes or disobeys or fails to confirm to any direction issued under
Section 3, 4, 5, 6 or 13 or abets opposition to or disobedience of any such
direction he shall be punishable with imprisonment which may extend to three
years 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 11 any person who- (a)
in contravention of any direction issued to
him under Section 4, 5, 6 or 13 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 12 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 three 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 order passed under Section 3 or a direction
issued under Section 4, 5, 6 or 13 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, presumed- (a)
that the order was made by the District
Magistrate or Sub-Divisional Magistrate empowered by the State Government under
Section 18 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 18 or the State Government or any officer
specially empowered by the State Government under Section 13 as the case may
be, was satisfied 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
confirmity with the provisions of this Act. 11 any
person permitted under sub-section (1) of Section 12 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, 1973 (2 of 1974), the
State Government may by order direct that any power on 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 officers
specially empowered by it under Section 13 or the District Magistrate or the
Additional District Magistrate or Sub-Divisional Magistrate empowered under
Section 18 as the case may be to disclose to the person against whom an order
is made under Sections 3, 4, 5, 6 and 13 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
13 of the District Magistrate or the Additional District Magistrate or
Sub-Divisional Magistrate empowered under Section 18 as the case may be lead to
the disclosure of the identity or name of any informant. CHAPTER IV Control of Anti
Social Activities Any person
who carries on his person or knowingly has in his possession or under his
control any corrosive substance or liquid, under such circumstances as to give
rise to a reasonable suspicion that he does not carry on his person or have it
in this possession or under his control for a lawful object, shall, unless he
can show that he was carrying it on his person or that he had it in his
possession or under his control for a lawful object, be punishable with
imprisonment for a term which may extend to three years and shall also be
liable to fine. (1)
(a) If it appears to the
State Government, that the inhabitants or any class or section of inhabitants
of any area are concerned in or are abetting the commission of offences
resulting or likely to result in death or grievous hurt or loss of, or damage
to property or extortion or kidnapping for ransom or are harbouring persons
concerned in the commission of such offences or are failing to render all the
assistance in their power to discover or apprehend the offenders, or has
suppressing material evidence of the commission of such offences, the State
Government may, by notification, impose a collective fine on such inhabitants
or class or section of inhabitants of that area. (b) An order imposing a
collective fine under clause (a) shall also be published in at least one
newspaper having circulation in the area concerned and in such other manner as
the State Government may consider best calculated to bring the order to the
notice of the inhabitants of the area concerned. (2)
The State Government or any
officer empowered in this behalf by the State Government by general or special
order may exempt any such inhabitant or class or section of such inhabitant
from liability to pay such fine or any portion thereof. (3)
The District Magistrate,
after such inquiry as he may deem necessary, shall apportion such fine among
the inhabitants who are liable collectively to pay it and such apportionment
shall be made according to the District Magistrate?s judgment of the respective
means of such inhabitants. (4)
In making the apportionment,
the District Magistrate may fix the portion to be paid by a joint or undivided
family. (5)
The portion of such fine
made payable by any inhabitant or joint or undivided family may be recovered- (a)
in the manner provided by the Code of
Criminal Procedure, 1973 (No. 2 of 1974) for the recovery of fines imposed by a
Court, as if such portion were a fine imposed by a Court : Provided
that the State Government may, in lieu of the rules referred to in sub-section
(2) of Section 42 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) make
rules under this Act regulating the manner in which warrant under clause (a) of
sub-section (1) of the said section of the said Code are to be executed, and
for the summary determination of any claims made by any person other than the
person liable to pay the fine in respect of any property attached in execution
of the warrant, or (b)
as arrears of land revenue. (6)
An order imposing collective
fine under sub-section (1) may at any time be revoked or modified by the State
Government. CHAPTER V Public Safety and
Order (1)
If the State Government is
satisfied that it is necessary in the interest of public security or
maintenance of public order to do so, it may, by general or special order
prohibit or restrict in any are a holding of camps or any exercise movements
evolution or drill of a military nature specified in the order. (2)
With a view to securing that
no unauthorised exercise, movement evolution or drill of a military nature is
performed at any place, the State Government may, by general or special order,
prohibit, restrict or impose conditions on the holding of, or taking part in
any camp, parade, meeting, assembly or prosecution by any class of persons or
organisations, specified in the order. (3)
Any contravention of an
order made under this Section shall be punishable with imprisonment which may
extend to three years or with fine or with both. (1)
If the State Government is
satisfied that the wearing or display in public of any dress or article of
apparel or any emblem resembling any uniform or part of a uniform of emblem
required to be worn or displayed by a member of the Armed Force of the Union or
by a member of any police force or of any force constituted under any law for
the time being in force, would be likely to prejudice the public safety, the
maintenance of order or the preservation of peace and tranquility, the State
Government may, by general or special order, prohibit or restrict any such
dress or article of apparel or emblem. (2)
For the purposes of this
Section, a dress, an article of apparel or any emblem shall be deemed to be
worn or displayed in public if it is worn or displayed so as to be visible to a
person in any place to which the public have access. (3)
If any person contravenes
any order made under this section he shall be punishable with imprisonment for
a term which may extend to three years or with fine or with both. (1)
The State Government may,
for the maintenance of public order or in the interest of general public by
order, prohibit or restrict for such period not exceeding three months as may
be specified in the order- (a)
the use of any road, pathway or waterway; (b)
the passage of any person, animal or vehicle
over any land. (2)
If any person contravenes
any order made under sub-section (1), he shall be punishable with imprisonment
for a term which may extend to three years or with line or with both. CHAPTER VI Access to Certain
Places and Areas (1)
If as respects any place or
class of places the State Government considers it necessary or expedient in the
interest of general public that special precautions should be taken to prevent
the entry of unauthorised persons the State Government may by order declare
that place; or, as the case may be, every place of that class to be a protected
place; and thereupon, for so long as the order is in force, such place or every
place of such class, as the case may be, shall be a protected place for the
purposes of this Act. (2)
No person shall without the
permission of the State Government or of the District Magistrate or of such
other officer as may be authorised by the State Government in this behalf enter
or be on or in or pass over or loiter, in the vicinity of any protected place. (3)
Where in pursuance of
sub-section (2) any person is granted permission to enter, or to be on or in,
or to pass over a protected place, that person shall, while acting under such
permission, comply with such directions for regulating his conduct as may be
given by the authority which granted the permission. (4)
If any person enters or
remains in a Protected place in contravention of any provision of this section,
then, without prejudice to any other proceedings which may be taken against
him, he may be removed therefrom by any police officer or by any other person
authorised in this behalf by the State Government. (5)
If any person contravenes
any of the provisions of this section he shall be punishable with imprisonment
for a term which may extend to three years or with fine or with both. (1)
If the State Government
considers it necessary or expedient in the interest of general public to
regulate the entry of persons into any area, the State Government may without
prejudice to any other provisions of this Act, by order declare such area to be
a protected area; and thereupon for so long as the order is in force, such area
shall be protected area for the purposes of this Act. (2)
On and after such date as
may be specified in and subject to any exemptions for which provisions may be
made by an order made under sub-section (1), no person who was not immediately
before the said date resident in the area declared to be a protected area by
the said order shall effect entry into or remain in area except in accordance
with the terms of a permission in writing granted to him by an authority or
person specified in the said order. (3)
If any person effects entry
into or remains in a protected area in contravention of the provisions of this
section then without prejudice to any other proceedings which may be taken
against him he may be removed therefrom by or under the directions of any
police officer on duty in the protected area or by any other person authorised
in this behalf by the State Government. (4)
If any person effects entry
into or remains in a protected area in contravention of any of the provisions
of this section, he shall be punishable with imprisonment for a term which may
extend to three years or with fine or with both. Any person
who effects or attempts to effect entry into a protected place or protected
area- (a)
by using or threatening to use criminal force
to any person posted for the purpose of protecting or preventing or controlling
access to, such place or, area; or (b)
after taking precautions to conceal his entry
or attempted entry from any such person; shall be punishable with imprisonment
for a term which may extend to three years or with fine or with both. (1)
Without prejudice to any
other provisions of this Act, the State Government as respects- (a)
any place or area declared by it to be a
protected place or protected area; or (b)
any other place or area in relation to which
it appears to it to be necessary to take special precautions for preventing or
suppressing subversive acts or for maintaining supplies and services essential
to the life of the community; may make
order for controlling or regulating the admission of persons to and the conduct
of persons in and in the vicinity of such place or area. (2)
Without prejudice to the
generality of the foregoing provisions, orders made under sub-section (1) in
relation to any place or area may make provisions- (a)
for restricting admission of persons to such
place or area and for removing therefrom any person who is therein
contravention of the order or who has been convicted of any contravention of
the provisions of this Act; (b)
for requiring the presence of any person or
class of persons in such place or area to be notified to a prescribed authority
and for requiring any person who has been convicted of any such offence as
mentioned in clause (a) of this sub-section to report his movements while in
such place or area and to observe any other condition imposed upon him by the
Prescribed Authority; (c)
for requiring any person or class of persons
in such place or area to carry such documentary evidence of identity as may be
prescribed; and (d)
for prohibiting any person or class of
persons from being in possession or control of any specified article. (3)
An order made under this
section in respect of a protected place or protected area may exempt such place
or area from all or any of the provisions of this Act which are express to
apply to or in relation to a protected place or protected area, as the case may
be, or may direct that all or any of the said provisions shall apply subject to
such modifications as may be specified in the order. (4)
An order made under this
section in respect of a place or area which is not a protected place or
protected area may direct that all or any of the provisions of this Act which
are expressed to apply to or in relation to a protected place or protected
area, as the case may be, shall apply to or in relation to the place or area in
respect of which the order is made either without modification or subject to
such modification as may be specified in the order. (5)
If any person contravenes
any order made under this section, he shall be punishable with imprisonment for
a term which may extend to three years or with fine or with both. CHAPTER VII Supplemental The State
Government may by order, direct that any power or duty which is conferred or
imposed on the State Government by this Act egxcept the power of imposing
collective fines under Section 21 and of framing rules under Section 30, shall
under such conditions, if any, as may be specified in that direction be
exercised or discharged by any officer subordinate to it, not below the rank of
a District Magistrate. (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 possible after they are made, be laid on the Table of the
Legislative Assembly. Whoever
abets the commission of an offence under this Act or attempts commit any such
offence and in such attempt does any act towards the commission of the offence,
shall be punishable with the punishment provided for the offence. Whoever knowingly
aids or assets or harbours or conceals any person who has committed an offence
under this Act shall be punishable with the punishment provided for such
offence. Explanation :- For the purpose of
this section, the word "harbour" includes the supplying a person with
shelter, food, drink, money, clothes, arms, ammunition or means of conveyance,
or assisting a person by any means, whether of the same kind as those
enumerated in this section or not to evade apprehension. (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)
Save as otherwise expressly
provided under this Act, no suit or other legal proceedings shall lie against
the Government for 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. The
provisions of this Act shall be in addition to and not in derogation of any
other Act, Ordinance or Regulation for the time being in force. Any Police
Officer or any person authorised by the State Government in this behalf may
search any person entering or seeking to enter, or being on or in, or leaving a
protected place or protected area, as the case may be, and any vehicle, vessel,
animal or article brought in by such person, and may, for the purpose of the
search, detain such person, vehicle, vessel, animal or article : Provided
that no women shall be searched in pursuance of this section except by a women,
and that such search shall be made with due regard to decency.Madhya Pradesh Rajya Suraksha Adhiniyam, 1990