(1) The State Government may, in the interests of the security of the State, or of the maintenance of public order or of services essential to the life of the community, by general or special order, direct that the inhabitants within such area as may be specified in the order shall—
(i) assist in the maintenance or restoration of public order, or in the protection of property for such period and in such manner as may be specified in the said order;
(ii) furnish to any authority or person specified in the said order any information so specified, which is in their possession or of which they could with the exercise of due diligence become possessed.
(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 one year or with fine or with both:
Provided that any court convicting any person for such contravention shall, in determining the punishment to be awarded, take into account the amount, if any, apportioned on such person of any collective fine imposed under section 5.
10. The State Government may by order direct that any power or duty which is conferred or imposed on the State Government by or under this Act shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged by any officer or authority subordinate to it, not being in the opinion of the State Government below the rank of a Commissioner of Police or a Collector.
Power to order persons to assist in restoring law and order and preserving property and to furnish information.
Delegation of powers and duties of the State Government.
[Act No. XXIX of 1951] 9
11. Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence for the contravention of an order under this Act, on the production of an authentic copy of the order,
(1) it shall, until the contrary is proved and the proving of which shall lie on the accused, be presumed—
(a) that the order was made by the authority competent under this Act to make it;
(b) that the authority making the order 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; and
(2) no public officer shall be compelled to disclose any fact or to produce any document when he considers that the public interest would suffer by the disclosure of such fact or the production of such document although such fact or document may be relevant to any of the matters contained in the order.
Explanation.— For the purposes of this Act, an authentic copy of the order means a copy certified in a manner prescribed under section 76 of the Indian Evidence Act, 1872, or if this Act requires that the order be published in the 11[Official Gazette], a copy of the 11[Official Gazette] relating to the publication of the order.
11. Substituted for the word “Jarida” by the A.P.A.O., 1957.
Presumption in prosecutions for contravention of orders and privileges of public officers not to disclose facts or to produce documents.
10 [Act No. XXIX of 1951]