Bare ActsThe West Bengal ( Prevention Of Violent Activities ) Act, 1970

Section 7

(1) If the State Government or an officer- specified in subsection (3) of section 3, as the case may be, has reason

Amendment status not verified — confirm the current text below against the official source.

(1) If the State Government or an officer- specified in subsection (3) of section 3, as the case may be, has reason .to believe that a person in respect -of whom a deten- tion order has been made has absoonded or is concealing himself scr that the order cannot be executed, that Govern- merit of officer may— (a) make a report- in writing of the fact to a Presidelcy Magistrate or a Magistrate of the first °leas having jurisdiction in the place 'wirer* ihe said person ordinarily reSides; and thvenpon the provisions of sections 87; 88 and. 89 of the node Detention orders not to be invalid, or in operative on certain grounds. Powers in relation to absoon PerPons• Grounds of order of deten. tion to 'be dis- closed to persons affected by the order. 4 17!,e-,West Bengal (Prevention of ViolentActivities)tlet, 1970. [PreSli!ent's ACt of Criminal Procedure, 1898, shall apply in 5 of 1898. respect of the said persOn and his property, as if the order directing that he be detained were a warrant issued by the Magistrate; (b) by order notified in the Official Gazette direct the said person to 'appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer men- tioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure,. 1898, every offence under clause (b) of sub-section (1) shall be cognizable.

Section 7 – The West Bengal ( Prevention Of Violent Activities ) Act, 1970 | DailyLaw.ai