Issuance of Orders

• If a District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government believes that:
  • There is sufficient ground for action under this section, and
  • Immediate prevention or speedy remedy is necessary,
• The Magistrate may issue a written order, stating the material facts of the case and serving it in accordance with Section 134.

Purpose of the Order

• The order may direct any person to:
  • Abstain from a certain act, or
  • Take necessary action regarding any property under their possession or management.
• This is to prevent:
  • Obstruction, annoyance, or injury to any person lawfully employed,
  • Danger to human life, health, or safety,
  • Disturbance of public tranquility, or
  • Riots or affrays.

Ex-Parte Orders

• In cases of emergency, or where timely service of notice is not possible, the Magistrate may issue the order ex-parte.

Scope of the Order

• The order may be directed to:
  • A specific individual,
  • Residents of a particular place or area, or
  • The general public frequenting or visiting a specific location.

Duration and Extension

• Maximum validity: Two months from the date of issuance.
• Extension: If the State Government deems it necessary to prevent:
  • Danger to human life, health, or safety,
  • Riots or affrays,
  • It may extend the order for up to six months via notification.

Modification or Cancellation of the Order

• A Magistrate may, on his own motion or upon an application by an aggrieved person:
  • Rescind or alter an order made by himself, a subordinate Magistrate, or his predecessor-in-office.
• The State Government may, on its own motion or upon an application:
  • Rescind or alter an order it has issued under Sub-Section (4).

Right to be Heard

• When an application for modification or cancellation is received:
  • The Magistrate or State Government shall provide the applicant with an opportunity to be heard in person or through a pleader.
  • If the application is rejected (wholly or partially), reasons shall be recorded in writing.