MEGHALAYA MAINTENANCE OF PUBLIC ORDER (AUTONOMOUS DISTRICTS) (AMENDMENT) ACT, 2010

Preamble - MEGHALAYA MAINTENANCE OF PUBLIC ORDER (AUTONOMOUS DISTRICTS) (AMENDMENT) ACT, 2010

THE MEGHALAYA MAINTENANCE OF PUBLIC ORDER (AUTONOMOUS DISTRICTS) (AMENDMENT) ACT, 2010

[Act No. 03 of 2010]

[07th April, 2010]

PREAMBLE

An Act to amend the Meghalaya Maintenance of Public Order (Autonomous District) Act (Assam Act XVI of 1953 as adapted by Meghalaya).

Whereas, the Hon'ble Gauhati High Court vide its order dt. 6-1-2010 in matter of PIL No. 50/2005 filed by Mrinal Talukdar Vrs State of Assam & Ors directed the State of Meghalaya to strictly implement the law declared by the Hon'ble Apex Court as reported in 1998 (1) SCC 201 in matter of Communist Party of India (M) Vrs Bharat Kumar & Ors;

Whereas, further the above judgment of the Hon'ble Apex Court declared that any act for ensuring abstention from normal duties by members of public employee, disrupt normal life or does any act being subversive of law and order or destroy public or private property shall be illegal;

Whereas, also the Government of Meghalaya in pursuance of and in compliance with the above order of the Hon'ble Gauhati High Court and the Hon'ble Apex Court decided to implement by amending the Meghalaya Maintenance of Public Order Act (Assam Act V of 1947 as adapted by Meghalaya) and also the Meghalaya Maintenance of Public Order (Autonomous District) Act (Assam Act XVI of 1953 as adapted by Meghalaya);

Be it enacted by the Legislature of the State of Meghalaya in the Sixty-first Year of the Republic of India as follows, -

 

Section 1 - Short title and commencement

(1)     This Act may be called the Meghalaya Maintenance of Public Order (Autonomous District) (Amendment) Act, 2010.

 

(2)     It shall be deemed to come into force from 24th February, 2010.

 

Section 2 - Insertion of new section 8A to Act XVI of 1953

In the Meghalaya Maintenance of Public Order (Autonomous Districts) (Assam Act XVI of 1953 as adapted by Meghalaya), after the existing section 8, the following new section 8A, shall be inserted, namely, -

"8A. "Breach of public order, penalty

Whosoever whether an individual or any organization or any association of persons or group of persons either singly or collectively does/do anything by whatever means any act for causing abstention from normal activities by members of public, employees, disrupts normal life or does any act being subversive of law and order or destroy public or private properties shall be guilty of offence under this Act and shall be punishable with imprisonment for three years and upwards but not more than seven years and also shall be liable to compensate the Government, the public and private citizen for the loss suffered by them".