(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional
Magistrate or any other Executive Magistrate specially empowered by the State Government
in this behalf, there is sufficient ground for proceeding under this section and immediate
prevention or speedy remedy is desirable, such Magistrate may, by a written order stating
the material facts of the case and served in the manner provided by section 153, direct any
person to abstain from a certain act or to take certain order with respect to certain property
in his possession or under his management, if such Magistrate considers that such direction
is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person
lawfully employed, or danger to human life, health or safety or a disturbance of the public
tranquility, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the
circumstances do not admit of the serving in due time of a notice upon the person against
whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons
residing in a particular place or area, or to the public generally when frequenting or visiting
a particular place or area.
(4) No order under this section shall remain in force for more than two months from
the making thereof:
Provided that if the State Government considers it necessary so to do for preventing
danger to human life, health or safety or for preventing a riot or any affray, it may, by
notification, direct that an order made by a Magistrate under this section shall remain in
force for such further period not exceeding six months from the date on which the order
made by the Magistrate would have, but for such order, expired, as it may specify in the said
notification.
(5) Any Magistrate may, either on his own motion or on the application of any person
aggrieved, rescind or alter any order made under this section by himself or any Magistrate
subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any
person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).
(7) Where an application under sub-section (5) or sub-section (6) is received, the
Magistrate, or the State Government, as the case may be, shall afford to the applicant an
early opportunity of appearing before him or it, either in person or by pleader and showing
cause against the order; and if the Magistrate or the State Government, as the case may be,
rejects the application wholly or in part, he or it shall record in writing the reasons for so
doing.
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