Amendment status not verified — confirm the current text below against the official source.
In this Act, unless othe~·wise requires,- . ,,. the context (a) "Aclvisory Board" m eans the Board constituted under section 9 ~ (b) ''detention order" means an order made under section 3 ; (c) "State" means the State of Assam; (d) "State Government" m eans the State Government of Assam. Power 10 '"> (1) T'· St t G t maKe ord'ers ,), J1e a e OVernmen Or any <let a in in gofficer of the State Government . not be- certain per-1ow the rank of ·a Secretary· to the· State JOn5. Governrnent, or a District Ma~istrate may, if satisfied with respect to any per- son that with a view to preventin g him u .r 1'1!!. · .... -~ 'V ~'" ' '" " .. , ~ • TRE ASSAM 0AZE'I"rE, EXTRAORDINARY .JULY. 19, 1980 223 .• ·. from acting in anv manner preiudicial to the securitv of the · State, the maintenance of public order or the maintenance of supplies and services essential to the com- munity, it is necessarv so to do, make an order directing that such person be detained: Provided that no order of detention shall be made under this sub-section with respect · to any person with a view to preventing him ·from acting in any man- ner preiudicial ·to the maintenance of su-pplies of commodities essential to the community, and for the purposes of this P.roviso. the expression "acting in any manner preiudicial to the maintenance oi supplies of commodities ·essential to th~ community" shall have the same mean- ing as in the Explanation to sub-section (1) of section 3 of the Prevention of Black- marketing and Maintenance of Supplies Ccatra!Act f E t " 1 C d" . A t 1980 · er 1, 10. .o ssen ia ommo l ties c -, . ; ~J'.'· (2) When anv order is made under t11e preceding sub-section bv any officer rr~entioned therein, he shall forthwith report the fact to the State Government together with the grounds on which the · order has been made and such other particulars as in his opinion hav P a bear- ing on .the matter, and no such order shall remain in force for more than twelve davs after the making thereof unless in the meantime it has been ap- proved by the State Government: . > Provided that where under section 8 the grounds of detention are communi- cated bv the officer maldng the order after five davs but not later than ten davs from the date of detention. this sub-section shall applv subiect to the modification that. for the words "twelve day.s", thp words "fifteen days'' shall be su bsti tu ted. ' . 4'. A detention order may be ·execut"'· Executi o 'fl or de1ention order, ed at any place in India in the manner provided for the execution of. warrants · · of arrest under the Code of Criminal··· CcnitalAd 2 ef 1974· Procedure, 1973. Powers to 5 E · 't ·f · h r egu lat e . very person in respec 0 w om plac, and a detention order has been made shah be condi ~ons ofliable- dctentton . (a) to be detained in such place ,, and under such conditions, including · conditions as to maintenance, disci- · pline and punishment for breaches · · of discipline, as the State · Govern- ment may, by general or special order. specify; and (b) to be removed from · one place · of detention to another place of detention, wh~ther within the State:· of Assatn or in another State, by order ·of the State Government: Provided that no order shall be made by the State GoveOilment under clause (b) for the removal of a person from the State to another State except with the consent of the Government of that other State. Detention 6 No detention order shall invalid order not to • be invalid or or inoperative merely by reason- in-operati v e oncer ta in grounds. (a) that the person to be detained thereunder is outside · the : limits of the territorial jurisdiction of the State Government or the officer making the order, or (b) that the place of detention of such person is outside the said limits. Powers in 7 (1) If h St t G ... '. t . th relation to • t e a e overnmen or e abscond in sofficer making an order under sub-section peraonJ. (1) of section 3 has reason to believe' that ; ~· a per.son. in respect of whom a detention orde:r:.has been made has absconded or is concealing himself so that the order cannot be -executed, . the, State Govern- ment , or the. officer making the order may-... (a) ~ make a report in writing of the fact to ·a Judicial Magii;trate of the .first class · having jurisdiction in · the ~ place . where the said person ordinarily resides; and thereupon t_he provisions of sections 82, 83, 84 and 85 of the Code of Criminal1 Centra!Act Procedure, 1973, shall apply in 2 er 1974· respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magi~trate; (b)- by. order notified in the Offi- cial Gazette. direct the said person to appear . before such officer at such ..... place and within such period as may be specified in the order; ar:i.d if the. said person fails to com- ply. with · such direction he shall, unless he proves that it was not possible -for him to comply ·there- with- and that he had, within the period specified in the order, in- formed the officer mentioned in the order_ of the reason which rendered compliance therewith · impossible and of his whereabouts, be punish- able with imprisonment for a term which may extend to one year, or with fine, or with both. ·-r--· --· · ·~· - .. ~ ·-.-·~-- . (2) Notw,ithstand~ng0 anything contained Central Act m tl}e Co_de o.f Cnmmal Procedure, 1973,2 or 1974. · every- o_ffence un9er clause. (b) of sub- section-·(!') s_hall be . cqgnit:~ble. .... i'fiE .ASSAM GAZETTE. EX'tR iORDiNAR >/;-JUL.,;{ 19, ~ .. - ----------- - -- --- Grounds of