MADHYA PRADESH RAJYA SURAKSHA ADHINIYAM, 1990

PREAMBLE

What is the Act number of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It is Madhya Pradesh Act No. 4 of 1991.

When did the President give assent to the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The President gave assent on 22 January 1991.

When was the assent of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 first published?

It was first published in the Madhya Pradesh Gazette (Extra-ordinary) on 8 February 1991.

What is the objective of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The Act aims to provide for the security of the State, maintenance of public order and matters connected therewith.

By whom was the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 enacted?

It was enacted by the Madhya Pradesh Legislature.

In which year of the Republic of India was the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 enacted?

It was enacted in the Forty-first year of the Republic of India.

CHAPTER-I

PRELIMINARY

What does Section 1 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 1 deals with the short title and extent of the Act.

What is the short title of the Act under Section 1(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The Act may be called the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990.

To which area does the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 extend under Section 1(2)?

It extends to the whole of Madhya Pradesh.

CHAPTER-II

RESTRICTION OF MOVEMENTS AND ACTIONS OF PERSONS

What does Section 2 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 2 deals with definition of "restriction order".

What is meant by "restriction order" under Section 2 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

"Restriction order" means an order made under Section 3.

What does Section 3 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 3 deals with restriction orders by the District Magistrate.

When may the District Magistrate issue a restriction order under Section 3(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he is satisfied that a person is acting or likely to act in a manner prejudicial to the security of the State or maintenance of public order.

What may the District Magistrate require under Section 3(1)(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

He may require the person to notify his movements or report himself to specified authorities.

What restrictions may be imposed under Section 3(1)(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Restrictions may be imposed on the person’s association or communication with specified persons.

What prohibition may be imposed under Section 3(1)(c) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The possession or use of specified articles may be prohibited or restricted.

What is the maximum duration of a restriction order under Section 3(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The restriction order shall not remain in force for more than one year from the date of the order.

CHAPTER-III

DISPERSAL OF ANTI-SOCIAL ELEMENTS AND PREVIOUS CONVICTS

What does Section 4 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 4 deals with orders against gangs or bodies of persons causing danger or alarm.

When may the District Magistrate issue an order under Section 4 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When the movement or encampment of any gang or body of persons is causing danger, alarm or suspicion of unlawful designs.

To whom is the order addressed under Section 4 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The order is addressed to the leaders or chief persons of such gang or body.

How may the order under Section 4 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 be published?

It may be published by beat of drum or by any other method as the District Magistrate thinks fit.

What direction may be given under Section 4(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Members of the gang may be directed to conduct themselves in a manner necessary to prevent violence and alarm.

What direction may be given under Section 4(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Members may be directed to disperse and remove themselves outside the district or specified area within the time fixed by the District Magistrate.

What does Section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 5 deals with removal or regulation of persons causing danger, alarm or risk of disease.

When may the District Magistrate act under Section 5(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When the movements or acts of a person are causing or likely to cause alarm, danger or harm to persons or property.

When may action be taken under Section 5(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When there are reasonable grounds to believe that the person is engaged or about to engage in offences involving force or violence or certain IPC offences and witnesses are afraid to depose publicly.

When may action be taken under Section 5(c) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When continued residence of an immigrant is likely to cause an outbreak of epidemic disease.

How may the District Magistrate communicate the order under Section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The order may be served in writing or published by beat of drum or other suitable manner.

What directions may be given under Section 5(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person may be directed to conduct himself in a manner necessary to prevent violence, alarm or spread of disease.

What directions may be given under Section 5(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person may be directed to remove himself outside the district or specified area and not return within the time specified by the District Magistrate.

What does Section 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 6 deals with removal of persons convicted of certain offences.

When may the District Magistrate pass an order under Section 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When a person convicted of certain offences is likely to commit a similar offence again.

Which IPC offences are covered under Section 6(a)(i) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Offences under Chapters XII, XVI, XVII or under Sections 506 or 509 of the Indian Penal Code, 1860.

Which other Act is covered under Section 6(a)(ii) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The Protection of Civil Rights Act, 1955.

What repeated conviction under the Suppression of Immoral Traffic in Women and Girls Act, 1956 is covered under Section 6(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

A person convicted twice under the Act.

What repeated conviction under the Public Gambling Act, 1867 is covered under Section 6(c) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

A person convicted three times within three years under Sections 3 or 4 of the Act.

What order may the District Magistrate pass under Section 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The District Magistrate may direct the person to remove himself from the district or specified area and not return.

What does the expression “offence similar to that for which he was convicted” mean under the explanation to Section 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It means offences falling under the same IPC chapters or Acts for which the person was earlier convicted.

What does the Explanation under Section 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 clarify?

It explains the meaning of the expression "an offence similar to that for which he was convicted".

What does "an offence similar to that for which he was convicted" mean under clause (i) of the Explanation to Section 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It means an offence falling under the same Chapters or Sections of the Indian Penal Code or under the Act mentioned in clause (a).

What does "an offence similar to that for which he was convicted" mean under clause (ii) of the Explanation to Section 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It means an offence falling under the provisions of the Acts mentioned in clauses (b) and (c) respectively.

What does Section 7 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 7 deals with the duration of directions issued under Sections 4, 5 and 6.

What is the maximum duration of a direction issued under Sections 4, 5 or 6 according to Section 7 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The direction shall not remain in force for more than one year from the date on which it was made.

What does Section 8 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 8 deals with procedure before passing orders under Sections 3, 4, 5 or 6.

What must the District Magistrate do before passing an order under Sections 3, 4, 5 or 6 according to Section 8(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

He must inform the person in writing of the general nature of allegations and give a reasonable opportunity to explain.

What right regarding witnesses is given to the person under Section 8(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person may apply for examination of witnesses produced by him.

When may the District Magistrate refuse examination of witnesses under Section 8(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When the application appears to be made for vexation or delay and reasons are recorded in writing.

What right regarding representation is given under Section 8(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person may appear before the District Magistrate through a legal practitioner and submit a written statement.

What power regarding attendance is given to the District Magistrate under Section 8(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

He may require the person to appear and execute a security bond with or without sureties during the inquiry.

What happens if the person fails to execute the bond or appear during inquiry under Section 8(5) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The District Magistrate may proceed ex parte and pass the proposed order.

What does Section 9 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 9 deals with appeal against orders passed under Sections 3, 4, 5 or 6.

Who may file an appeal under Section 9(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Any person aggrieved by an order passed by the District Magistrate or an officer empowered under Section 13.

To whom is the appeal made under Section 9(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The appeal is made to the State Government.

Within what time must an appeal be filed under Section 9(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The appeal must be filed within thirty days from the date of the order.

Within what time should the appeal be decided under Section 9(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The appeal should be decided as far as possible within four months from the date of filing.

What form must the appeal take under Section 9(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It must be a memorandum stating the grounds of objection and accompanied by a certified copy of the order.

What powers does the State Government have under Section 9(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It may confirm, vary or rescind the order after hearing the appellant.

Does the order remain operative during appeal under the proviso to Section 9(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Yes, the order remains in operation unless the State Government directs otherwise.

What time is excluded while computing limitation for appeal under Section 9(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The time taken to obtain the certified copy of the order appealed against.

What does Section 10 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 10 deals with the limited grounds for challenging orders passed under Sections 3, 4, 5 or 6.

Can orders passed under Sections 3, 4, 5 or 6 be challenged in court under Section 10 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Yes, but only on the specific grounds mentioned in this section.

On what procedural ground can an order be challenged under Section 10(i) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

If the District Magistrate did not follow the procedure laid down in Section 8(1).

On what evidentiary ground can an order be challenged under Section 10(ii) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

If there was no material before the District Magistrate on which he could base his order.

On what satisfaction-related ground can an order under Section 5 be challenged under Section 10(iii) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

If the District Magistrate was not of the opinion that witnesses were unwilling to come forward to give evidence in public.

What does Section 11 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 11 deals with arrest and removal of persons violating directions issued under Sections 4, 5 or 6.

When can action be taken under Section 11(i) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When a person fails to remove himself from the district or specified area as directed.

When can action be taken under Section 11(ii) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When a person re-enters the prohibited district or area without written permission under Section 12 within the specified period.

What power does the District Magistrate have under Section 11 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The District Magistrate may cause the person to be arrested and removed in police custody to a place outside the specified area.

What does Section 12 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 12 deals with temporary permission to enter or return to a district.

Who may grant temporary permission under Section 12(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government or the District Magistrate may grant permission.

To whom may permission be granted under Section 12(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

To a person against whom an order under Sections 4, 5 or 6 has been made.

On what terms may such permission be granted under Section 12(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Permission may be granted for a temporary period and subject to specified conditions.

Can the permission be revoked under Section 12(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Yes, the State Government or District Magistrate may revoke the permission at any time.

What condition may be imposed under Section 12(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person may be required to execute a bond with or without sureties for observance of the conditions imposed.

What duty is imposed on a person granted temporary permission under Section 12(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

He must observe the conditions of the permission and leave the district or specified area on expiry or revocation of the permission.

Can such a person re-enter the district after the temporary period under Section 12(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No, he cannot re-enter within the remaining period of the original order without fresh permission.

What happens if the person violates the conditions of permission under Section 12(5) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The District Magistrate may cause him to be arrested and removed in police custody to a place outside the specified area.

What does Section 13 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 13 deals with powers of the State Government or specially empowered officer to exercise powers of the District Magistrate.

Who may exercise powers under Sections 3, 4, 5 or 6 according to Section 13(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government or an officer specially empowered by the State Government.

What special direction may be given under Section 13(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person may be directed to remove himself from and not enter any district or districts whether contiguous or not.

Which provisions apply to the exercise of powers under Section 13 according to Section 13(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Sections 7, 8, 10, 11, 12 and Section 9 (where the order is passed by the empowered officer) apply mutatis mutandis.

What power of review is given to the State Government under Section 13(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government may review its own order either suo motu or on application of the aggrieved person.

What procedural safeguard is provided before varying or reversing an order under the proviso to Section 13(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The concerned person must be given notice and an opportunity to be heard.

What does Section 14 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 14 deals with punishment for disobedience of directions issued under the Act.

When is a person punishable under Section 14 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he opposes, disobeys, fails to comply with, or abets disobedience of directions issued under Sections 3, 4, 5, 6 or 13.

What is the maximum punishment under Section 14 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment which may extend to three years and also fine.

What is the minimum punishment under Section 14 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment of not less than four months unless reasons are recorded in writing.

What does Section 15 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 15 deals with punishment for entering or returning to a prohibited area in violation of directions.

When is a person punishable under Section 15(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he enters or returns without permission to the district or area from which he was directed to remove himself under Sections 4, 5, 6 or 13.

When is a person punishable under Section 15(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he fails to leave the area after expiry or revocation of temporary permission under Section 12 or re-enters without fresh permission.

What is the maximum punishment under Section 15 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment which may extend to three years and also fine.

What is the minimum punishment under Section 15 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment of not less than six months unless reasons are recorded in writing.

What does Section 16 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 16 deals with presumptions regarding orders in prosecutions for contravention.

What happens on production of an authentic copy of the order under Section 16 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The court shall presume the validity of the order unless the contrary is proved by the accused.

On whom does the burden of proof lie under Section 16 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The burden of proof lies on the accused.

What presumption is made under Section 16(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It shall be presumed that the order was made by the competent authority such as the District Magistrate, empowered Magistrate, State Government or authorised officer.

What presumption is made under Section 16(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It shall be presumed that the competent authority was satisfied about the grounds and necessity of making the order.

What presumption is made under Section 16(c) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It shall be presumed that the order was valid and in conformity with the provisions of the Act.

What does Section 17 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 17 deals with forfeiture of bond entered into by a person granted temporary permission.

When is the bond forfeited under Section 17 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When a person permitted under Section 12(1) fails to observe the conditions imposed or violates the bond executed under Section 12(3).

What happens after forfeiture of the bond under Section 17 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person bound by the bond must pay the penalty or show cause before the Court why the penalty should not be paid.

What does Section 18 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 18 deals with delegation of powers and duties of the District Magistrate.

What power is given to the State Government under Section 18 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government may direct that powers or duties of the District Magistrate under this Act be exercised by an Additional District Magistrate or Sub-Divisional Magistrate.

For which areas may such powers be delegated under Section 18 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

For such areas as may be specified in the order of the State Government.

What does Section 19 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 19 deals with protection of the source of information.

Is the State Government required to disclose the source of its information under Section 19 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No, the State Government is not required to disclose the source of its information.

Are officers empowered under Section 13 required to disclose the source of information under Section 19 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No, officers specially empowered under Section 13 are not required to disclose the source of information.

Is the District Magistrate required to disclose the source of information under Section 19 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No, the District Magistrate is not required to disclose the source of information.

Are Additional District Magistrates or Sub-Divisional Magistrates empowered under Section 18 required to disclose the source of information under Section 19 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No, they are not required to disclose the source of information.

To whom is disclosure of the source of information not required under Section 19 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It need not be disclosed to the person against whom an order under Sections 3, 4, 5, 6 or 13 is made or to any court of law.

What kind of information is protected from disclosure under Section 19 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Any information or fact whose disclosure may reveal the identity or name of an informant.

CHAPTER-IV

CONTROL OF ANTI-SOCIAL ACTIVITIES

What does Section 20 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 20 deals with punishment for carrying corrosive substances under suspicious circumstances.

When is a person punishable under Section 20 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he carries or possesses any corrosive substance under circumstances creating reasonable suspicion that it is not for a lawful purpose.

What must the accused prove under Section 20 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

He must show that he carried or possessed the corrosive substance for a lawful object.

What is the punishment under Section 20 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment which may extend to three years and also fine.

What does Section 21 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 21 deals with imposition of collective fine on inhabitants of an area.

When may the State Government impose a collective fine under Section 21(1)(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When inhabitants of an area are involved in, abetting, harbouring offenders, or suppressing evidence of serious offences like death, grievous hurt, damage to property, extortion or kidnapping for ransom.

How must the order of collective fine be published under Section 21(1)(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It must be published in at least one newspaper circulating in the area and by other suitable means.

Who may grant exemption from payment of collective fine under Section 21(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government or an officer empowered by it may exempt any inhabitant or class of inhabitants.

Who apportions the collective fine under Section 21(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The District Magistrate apportions the fine among the inhabitants after necessary inquiry.

On what basis is the collective fine apportioned under Section 21(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

According to the District Magistrate’s judgment of the means of the inhabitants.

Can the fine be apportioned to a joint or undivided family under Section 21(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Yes, the District Magistrate may fix the portion payable by a joint or undivided family.

How may the portion of collective fine be recovered under Section 21(5) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It may be recovered either as a court fine under the Code of Criminal Procedure, 1973 or as arrears of land revenue.

How is recovery made under Section 21(5)(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

In the manner provided in the Code of Criminal Procedure, 1973 for recovery of fines imposed by a Court.

What power is given to the State Government under the proviso to Section 21(5)(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government may make rules regulating execution of warrants and summary determination of claims regarding attached property.

How may the collective fine be recovered under Section 21(5)(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It may be recovered as arrears of land revenue.

Can an order imposing collective fine be changed under Section 21(6) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Yes, the State Government may revoke or modify the order at any time.

CHAPTER-V

PUBLIC SAFETY AND ORDER

What does Section 22 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 22 deals with prohibition or restriction on camps, parades and military-type activities.

When may the State Government issue an order under Section 22(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When it is necessary in the interest of public security or maintenance of public order.

What activities may be prohibited or restricted under Section 22(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Camps or exercises, movements, evolutions or drills of a military nature.

What power is given to the State Government under Section 22(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It may prohibit, restrict or impose conditions on camps, parades, meetings, assemblies or processions by specified persons or organisations.

What is the punishment for contravention of orders under Section 22(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment up to three years or fine or both.

What does Section 23 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 23 deals with control of uniforms and emblems resembling those of armed forces or police.

When may the State Government issue an order under Section 23(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When wearing or displaying such uniforms or emblems is likely to prejudice public safety, public order, or peace.

What may the State Government prohibit or restrict under Section 23(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Any dress, article of apparel, or emblem resembling uniforms of the armed forces, police, or similar forces.

When is a dress or emblem considered to be displayed in public under Section 23(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When it is visible to a person in any place to which the public have access.

What is the punishment for contravention under Section 23(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment up to three years or fine or both.

What does Section 24 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 24 deals with power to prohibit or restrict use of roads, pathways, waterways or land.

When may the State Government issue an order under Section 24(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

For maintenance of public order or in the interest of the general public.

What may the State Government prohibit or restrict under Section 24(1)(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The use of any road, pathway or waterway.

What may the State Government prohibit or restrict under Section 24(1)(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The passage of any person, animal or vehicle over any land.

What is the maximum period for such restriction under Section 24(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The restriction may be imposed for a period not exceeding three months.

What is the punishment for contravention under Section 24(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment up to three years or fine or both.

CHAPTER-VI

ACCESS TO CERTAIN PLACES AND AREAS

What does Section 25 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 25 deals with declaration and regulation of protected places.

When may the State Government declare a place as a protected place under Section 25(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When it considers it necessary in the interest of the general public to prevent entry of unauthorised persons.

What restriction is imposed under Section 25(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No person shall enter, remain in, pass over or loiter near a protected place without permission of the State Government, District Magistrate or authorised officer.

What duty is imposed on a person granted permission under Section 25(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

He must comply with directions regulating his conduct given by the authority granting permission.

What action may be taken under Section 25(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 if a person enters a protected place unlawfully?

He may be removed from the protected place by a police officer or authorised person.

What is the punishment for contravention under Section 25(5) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment up to three years or fine or both.

What does Section 26 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 26 deals with declaration and regulation of protected areas.

When may the State Government declare an area as a protected area under Section 26(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When it considers it necessary in the interest of the general public to regulate entry of persons into that area.

What restriction is imposed under Section 26(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

A person who was not resident in the protected area before the specified date cannot enter or remain there without written permission from the authorised authority.

What action may be taken if a person enters a protected area illegally under Section 26(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person may be removed from the area by a police officer or authorised person.

What is the punishment for contravention under Section 26(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment up to three years or fine or both.

What does Section 27 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 27 deals with punishment for unlawful entry into protected places or protected areas.

When is a person punishable under Section 27(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he enters or attempts to enter a protected place or area by using or threatening criminal force against a person guarding it.

When is a person punishable under Section 27(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he enters or attempts to enter a protected place or area after concealing his entry from the guarding personnel.

What is the punishment under Section 27 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment which may extend to three years or fine or both.

What does Section 28 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 28 deals with power of the State Government to control or regulate admission and conduct of persons in certain places or areas.

In respect of which places may orders be made under Section 28(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Protected places, protected areas, or any place where special precautions are needed to prevent subversive acts or maintain essential supplies and services.

What restriction may be imposed under Section 28(2)(a) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Restricting admission of persons and removing persons present in contravention of the order.

What requirement may be imposed under Section 28(2)(b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Requiring persons to notify their presence and report movements while in such place or area.

What identification requirement may be imposed under Section 28(2)(c) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Persons may be required to carry documentary evidence of identity.

What possession restriction may be imposed under Section 28(2)(d) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Persons may be prohibited from possessing or controlling specified articles.

What modification power is given under Section 28(3) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government may exempt or modify provisions of the Act in relation to protected places or areas.

What provision is given under Section 28(4) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Provisions applicable to protected places or areas may be applied to other places with or without modification.

What is the punishment for contravention under Section 28(5) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Imprisonment up to three years or fine or both.

CHAPTER-VII

SUPPLEMENTAL

What does Section 29 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 29 deals with delegation of powers and duties of the State Government.

What power is given to the State Government under Section 29 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government may direct that its powers or duties under the Act be exercised by a subordinate officer.

Which officers may exercise delegated powers under Section 29 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Officers not below the rank of District Magistrate.

Which powers cannot be delegated under Section 29 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The power to impose collective fines under Section 21 and the power to make rules under Section 30.

What does Section 30 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 30 deals with the power of the State Government to make rules.

Who has the power to make rules under Section 30(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The State Government.

What condition must be fulfilled before making rules under Section 30(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The rules must be made after previous publication.

What must be done with the rules after they are made under Section 30(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

They must be laid on the Table of the Legislative Assembly as soon as possible.

What does Section 31 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 31 deals with punishment for abetment and attempt to commit offences under the Act.

What happens if a person abets an offence under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 according to Section 31?

He shall be punishable with the same punishment provided for that offence.

What happens if a person attempts to commit an offence under the Act according to Section 31 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

If he does any act towards commission of the offence, he shall be punishable with the punishment provided for the offence.

What does Section 32 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 32 deals with punishment for aiding, assisting, harbouring or concealing offenders under the Act.

When is a person punishable under Section 32 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

When he knowingly aids, assists, harbours or conceals a person who has committed an offence under this Act.

What punishment is provided under Section 32 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The person shall be punishable with the punishment provided for that offence.

What does the term "harbour" include under the explanation to Section 32 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

It includes giving shelter, food, drink, money, clothes, arms, ammunition, means of conveyance, or any assistance to help a person evade apprehension.

What does Section 33 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 33 deals with protection of action taken in good faith.

What protection is provided under Section 33(1) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No suit, prosecution or other legal proceeding shall lie against any person for actions done in good faith under the Act or rules or orders made under it.

What protection is provided to the Government under Section 33(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

No suit or legal proceeding shall lie against the Government for any damage caused by actions done in good faith under the Act, unless otherwise expressly provided.

What does Section 34 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 34 deals with the Act being in addition to other laws.

What is the effect of Section 34 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The provisions of this Act are in addition to and not in derogation of any other Act, Ordinance or Regulation in force.

What does Section 35 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 deal with?

Section 35 deals with the power to search persons and property entering or leaving protected places or protected areas.

Who may conduct searches under Section 35 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Any police officer or any person authorised by the State Government.

What may be searched under Section 35 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

Any person, vehicle, vessel, animal or article entering, leaving or present in a protected place or protected area.

What power is given for conducting the search under Section 35 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

The officer may detain the person, vehicle, vessel, animal or article for the purpose of the search.

What safeguard is provided regarding search of women under Section 35 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990?

A woman shall be searched only by another woman and with due regard to decency.