SEC 3(A1 T H E GAZETTE OF INDIA EXTRAORDINARY 325
(2) Notwithstanding such repeal— * U ) a n n ~ r 2 e r mf,*e; a n y t h i n S done, any action taken or any Advisory h ^ J L T " ? ^ ^ d e r t h e S a l d Ordinance shall be Seemed to have S ? r S ! m ; tT1 t aSfn °^ ^ n s t l t u t e d ^ u n d e r this Act as a this S 3 had commenced on the 1st day of .Xenuary, 1970;
(b) «»y general or special order Issued/under section 5 of the said Ordi^ Continue tn £ S T " * ~ S ? V e J & n i««ed under this Art and sha 1 S S r n ™ i c ^ " ? ^ u 1 H i n / ^ o r d e r s a r e i s s u e d ™ d e r the appropriate provisions of this Act;/£md w CO a 7 Person in detention unde / the Preventive Detention Act, 1950 fCen- \Z £ 5 n l f i 9 5 ' T h n ^ S > e n d e t a i " e d for a further period under Ant Inrt S ^ S S ? " * ? a S £ j e e m e a t 0 h a v e b e e n detained under this Act and thereupon the ilrovislons contained in this Act shall apoly in the same manner a n d / o the same extent as they apply in the case of detention orders madfe under section 3.
0 t . - 0 3 * | ° l l O C N a F- 8 /2 /"™UTL-H2.]
TmS'&Sl 4 2 / T — T r \ e ^ e l s 6 ° f * h e Dowers conferred bv section 2 of the Union I n d S tL ( T J rT S 1 A c t ; + 1 9 5 0 M * * * » * the Central Government hereby 3t- ^ t j & ^ S ^ J S r t K . 1 ? M a B ^ w * e Orlssa Preventive Detention Act 1070 %£&?£% as^arAaaa MSS.*the date of thiq noti- Modi/Tcntlotis •u L rhI^s^°^i t h e A c t f D r t h p W O r d s "State Government" wherever thev nrour K M ^ ^ t 1 ' ' ^ 1 b € s u b s t i t ^ d - and there XS tfSCSSWg S S ^ m ^ ^ a * * * °°C,,r S U C h ^ n u e n t i a l amendment, a s the rules 2- In section 1,— U ) inw."tne.CtIC rt nf £? ' J° r 9 * * ^ 1 ? " S + n t D o f °™ S B " - t n p w ^ d S "Union territory of Manipur" shall he substituted:
(b) in sub-sectiori f 4l for the words "section 5 of the Orlssa General Clauses Act. 1937 tg^W* Art I of 19371 ehqll HP»?V urnn tf,« avuirv of this ««Vtf™ fl # +£ ^ ^ r e P p q l p d by an Orlssa Act", the words section B of tho Oenerel Clauses Act 1397 (Cent-al Ant 10 of 13971 as appliraWe i i n^ r the Manlpur Cfnnrsl Clauses Act 1966 fMnnhW Act 3 of J9B8V shall apnlv upon the eynlrv of this Art ns if It had then been repealed by a Maninur Art" shall be substituted.
3-For section 2. the following section shall be substituted, nnmely: — "2. Dpflnitl&ns— In this Art— ^ ' 'AM^nipu^A t 0 r , ' m < , a n S t b e A d m ^ ' ^ t " t " r P* &* Unlo" territory of (hi "detention order" means nn order mode under section ST.
__ 6 _ _ _ _ _ T H B G A ^ T T E OF INDIA EXTRAORDINARY [p^y n _ t c d ' n S n e f y : 1 - ' 2 ' ' " s u b - s e c t i » " «>• * • 'ollowlng .ub-seetlon .hall be autatitu- "(I) A detention order may, at any time, be revoked nr modifled— m W h mmis t t a h tn? r e r h M b M n m ° d e b V ' h e Adr"Mst"t«r. by the Ad.
ANNEXUKE The O r l ^ P r ^ e f t r t ^ Detention Act, 1970 a intended to the union territory 0/ Manipur " ' (Orissa Act 4 of 1970) rifiu^ sr V22S of fhe ffl8cd oaS5::
f t h e S ^ e ° r ° * « "• ^ e Twenty-flrst M O r i J S a ^ v ^ e 5 S t f o ^ A T ^ ^ T n C t l t - ( 1 ) * * " A c t ™* b« "Ded the
(2) It shall extend to the whole of the Union territory of Manipur.
(3) It shall come into force &t once.
(4) It shall cease to have effect on the expiry of thre- v M r* frnm tv,„ ,. * • its commencement except as resoeoto ffi^*»/«r-3^/?r! P m t h e d a t e o f expiration thereof and Section T S the r S S r?« 1 ^ * ? J S d o n G heiaTe l h * wa sumSE*5SBSfiT3r fi l w " repealed by a Manipur Act. s l f tf h a d t h e n b e « i 2- Definitions.—In this Act— f S ) " A S p u r f t 0 r " m £ a n 9 t h e A d m i ^ " t ° r of the Union territory of <b) "detention order" mean s a n order msde under section 3, if i ^ ^ ^ ^ ^ ^ ^ ^ m ^ m m , Administrator may.
so to do. ma*e an order hreXX^\uriTrZ\f 6 ^ n J ^ J t l s - pe s sa ry emp(o2leAre5 TSZ ^ ^ i & A * L t £ ^ L ^ * ^ ^ ***** sub-section (1), exercise the power conferred by the SEiid sub-Bec^ion15 * 5 r o v i d e f ' *n the ground? on wWcr1 t h e ^ e T h a T h a « . S £ ^ A d ™ I n ^ " t o r together with his opinion have a bearing o n t h e matter Bnd «n ^ ^ " " S o t h , ; r ™ ^ u T a r « as in for more than twelve div? a l t e r t h T m a M n J " ? W r 3 f ^ T S ^ " r e m a , n i n f r i r c e been approved bv the AdrnSrfrator. B ' , , n l C !" , i n t h e " " " " « » « it has
4. Execution of detention orders—A detention nrriw », .„ K- » Place fn TndiA in the manner provided" fnt « J -«2 .? , . «^ d e r , m a v be exenited at any ^ e Code of CHminal p S u r S IBM ?5 S 18B8) * W W r t ' ° f R r r e , t "«• SEC 3(iJ] THE GAZETTE OF INDIA EXTRAORDINARY 327 o r . h m ^ f H 2 J X i ° ! L P i a e v f aTLd condit\on'°J detention.—Every person in respect 01 wnwn a detention order has been made Khali be liable— (flj to be detained in such Place and under such conditions, including condi tions a a to maintenance, discipline and punishment for breaches of ™ e ' a a the Administrator may, by general or spedal order,
(b) to be removed from pne place to detention to another place of deten- AXimis t rVto? 6 territory of Manipur by the order of the ^mSl/T^ti ^ Telatitn ^absconding peraons.—d) If the Administrator or an ? ^ h ! r 8,Sf^we*d *" s^s?*™ (2) of section 8, as the case may be, has reason 5 . b e h r ! t h a t a p e r s o ? - m r e s p e c t o f w b o m a detention order has been made S absconded or is concealing himself so that the order cannot be execuhS S Administrator or such officer may— C-JUW-UIBU, me
(a) make- a report in writing of the fact to a Magistrate of the first class having jurisdiction m the piece where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure, 1898 (5 of 1898), shall apply in respect of the said person and has property as if the order directing that be be detained were a warrant issued by the Magistrate; or
(b) by order notified in the 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 direc tion 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 mentioned in the order of the reason which rendered compliance therewith impossible and of his where abouts, be punishable with Imprisonment for a term which may extend to one year or with fine or with both.
i f l a H 2 ? K N ? t Y S t a n d i n * a"ything contained in the Code of Criminal Procedure, cognlzabfe & V e r y o f f e n c e u n d e r c U m s e ( b ) ot sub-section (l) shall be n ^ L . ° ^ ' T S L oi ordeT of d e f c n * i o n ^ be disclosed to persons otfected by the ^•~lW ^ e n a P e r 8 0 « is detained in pursuance of a detention order, the £ 2 r 3 5 ^ ? k m ? i h f ° E d e r s h a 1 1 ' a s s o o n a s m&y b e- b u t n o * later than five days EETlrf • *S detention, communicate to him the grounds on which the order has Men made and shall afford him the earliest opportunity of making a repre sentation against the order to the Administrator.
(2) Nothing in sub-section (]) shall require the authority to disclose facts wmch it considers to be-against the public interest to disclose.
8. Constitution of Advisory Boards.—(l) The Administrator shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.
(2) Every such Board shall consist of three persons who are or have been °l n T l « u a i m e d to be appointed as, Judges of a High Court, and such persons shall be appointed by the Administrator.
(3) The Administrator shall appoint one of the members of the Advisory Board who is or has been a Judge of a High Court to be its Chairman,
9. Reference to Advisory Boards.—In every case where a detention order has been made under this Act. the Administrator shall, within thirty days from the date of detention under the order, place before the Advisory Board the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer, also the report furnished by such officer under sub-section (3) of section 3.
10. Procedure of Advisory Boards.—{1) The Advisory Board shall after consi dering the materials placed before it and after calling for such further informa tion as it may deem necessary from the Administrator or from any person called for the purpose through the Administrator or from the person concerned, and If any particular case it considers it essent'al so to do or If the person concerned desires to be heard, after hearing him in person, submit its report to the Admin istrator within ten weeks from the date of detention.
-3g . T ^ ^ T E O F nmiAmmmmmmY [PARTM_ the reference to the AdvisoiyBoard ™ n g £ U S ? £ L S - a j l ' y 2 * 3 " connected with Advisory Board ,s specified, shall Be conJidStial opinion of the * W j S O T 5 c r V e r e l S ' T X i ^ B o S h " * S S f S * ™ * - * aasf"revoke fte to";K «sjfs ss-s ar̂sass be r e v S C o f " m o 0 a a e e i l n t i ° " " * ^ * « » A * * * - order may. a, any thne, R> " S t o r f " ^ h*S b M " m o < i e >* * • Administrator, D y ^ A d m i n .
where fresh facts have arisen a f w th* rf„Er7? ? ? m e P**80" to any case the Administrator or an Officer as the ™ S L r W ? " 1 & « e x P i r y o n w h i c h order should be made. u m c e r ' o s me t a s e " W b e - ** satisfied that euch an
13. Temporary release of persons detained m The. Arf^T-.ic*..,,*
(2) In directing the release of any person under sub-section n i .>,* A,I™I„ ((3) Any person released under sub-section (1) shall surrender himaelf *t ^ ^ p S J e T S t i ^ ^ h ( ^ h S e U f f l S bCeflU;unlshaSbTe re\dfth t l J m S for a term which may extend to two years or w?th fine or wito b o t h r l S ° n m e n t
(5) If any person released under sub-section (1) fails to fulfil a nv nf th« condition, impoged upon him under the said sub-section or in the ffl entered S t 0 . £ y h ^ i l h e ?°£d s h a U b e d e d B r e d to be forfeited and any person bound thereby shall be bable to the penalty thereof. person oounu
14. Protection of actions taken under the Act.—No suit, prosecution or ether ^ ^ ° ? G e H i n ^ S h a H h e a g a i n S t B?Y , p e r s o n f o r anything in gooTfatth done or intended to be done in pursuance of this Act. '
15. Repeal and savings.—(1) The Orissa Preventive Detention Ordinance k?heTebyr%lll\ed 1 M 8 ) ' m e x t e n d e d t o t h * U n i o n territory of ManTpur J!
SEC. 3(1)1 THE GAZETTE OF INDIA EXTRAORDINARY 329 '-tffc'-
(2) Notwithstanding such repeal - fa) any order made, anything done, any action taken or amy Advisory Board constituted under the said Ordinance shall be deemed to have been made, done, taken or constituted under thla Act as if this Act had commenced on the 1st day cf January, 1970;
(b) any general or special order issued under section 5 of the said Ordin ance shall be deemed to have been issued under this Act and shall continue to be in force until new orders are issued under the appro priate provisions of this Act; and
(c) any person in detention under the Preventive Detention Act, 1950 (Central Act 4 of 1950), who has been detained for a further period under the said Ordinance, shall be deemed to have been detained under this Act and thereupon the provisions contained in this Act shall apply in the same manner and to the same extent as they apply In the case of detention orders made under section 3.
[No. F. 5/1/70-UTL-113-] K. R. PHABHU. Jt, Secy.
PRINTED RV THE OENERAL M E A G E R , GOVERNMENT OH INDIA PRESS, MJN'IO KUAD NBW DELHI AND fUMJSHED B* THE MANAGPR OF PUD LIGATIONS, DK1.1IL 1970