rftftft ffo *fro 22 I REGISTERED No. D. $%l T fry f^3Lv) — She (Saxette of ^ndia - " » — • „ EXTRAORDINARY *T»1 I I — W ^ 3— T̂NTO; ( l ) PAKT II—Section 3—Sub-section (I) PUBLISHED BY AUTHORITY No. I] NEW DEUU, THURSDAY, JANUARY i, 1970/PAUSA „ , iS», Separate paftn„ l s given to this Part in order thut It may be tiled M ft separate compilation.
MINISTRY OF HOME AFFAIRS NOTIFICATIONS New Delhi, the 1st January ig70 T^&S?ilS'!,, C^Se 1^0tl(e30PO O7''ri950TIeSa I £*fS a "' * ™™> 2*̂ « *. ** of raa "̂ iiĉ i inasyaaaaj ATodiflcatiOTi* 1« The preamble shall be omitted.
3. In section 1—- Ca) In sub-fieetlon (2), for the words "State of Oriasa", the words "Union territory of Montpur" shall be substituted;
<b) after sub-section (3). the following sub-section shall be inserted namely:— * "(4) It shall remain in force so long as the Orissa Preventive Detention Ordinance. 1909. is In force in the State of Orissa".
CO Tm_OAWTE OT INDIA EXTRAORDINARY [PART II .
"DefinitioM^-2. In this Ord inance- ( a ) "AS$?°r" ™™ t h S ^ ^ t r a t o r of the Union territory *
(b) "detention order" means an order made under section 3 " of S A 2 P 5 J E V « S ^ 4 % " * ^ " S t a t e " ' t h e w « * " * * * territory ti^StSS**1 t0T « * " « * » <** the fotiowing sub-section s h a „ b e ^ "(1J A detention order may, at any time, be revoked or modified- Ci) W m S i ^ a t r 0 r d e r h a 3 ^ m f l d C b * t h e Administrator, by ft, Ad-
(if) •atf&«a»vss a j j& JKISSJA, * ArWKXUHE THE OR1SSA PREVENTIVE DETENTION ORDINANCE 18*8) AS TrXTFwrwn TO THE UNION TERRITORY O F M A N I F U R E X T E N D ^ CORISSA ORDINANCE NO. 6 OF 1989) AN ORDINANCE To provide for preventive detention in order to check certain artlirf«*o «,-i, 8K3Sfa c t i v i t i e 8 and ° 'h e r octit*tie* of Hfce »SR ifffS SSSSU^uS I- Short title, extent and commencement m Thu OrHtnnn/v « . k « , the Oriasa Preventive D e ^ t i o n O r d S S S r i s A ° r d t nance may be called
(2) It shall extend to the whole of the Union territory of Manlpur.
(3) I t shall come into force on the 1st day of January, 1970.
(4) It shall remain In force so long as the Orlssa Preventive r w * n t i n n Ordinance, 1089. is in force in the State of Oriesa. fre^entive Detention
2. Definitions.—In this Ordinance—
(a) "Administrator" means the Administrator of the Union territorv of Manlpur; J
(b) "detention order" means an order made under section 3.
3. Power to make orders detaining certain persons.—(1) The Administrator may, if satisfied with respect to any person that with a view to preventing him from acting In any manner prejudicial to the maintenance of public order it is necessary so to do, make an order directing that such person be detained.
(2) Any of the following officers, namely—
(a) District Magistrates, or
(b) Additional District Magistrates specially empowered in this behalf bv the Administrator, may if satisfied as provided In sub-section (1), exercise the power conferred by the said sub-section. -
(3) When any order is made under this section by an officer mentioned in sub section (2), he shall forthwith report the fact to the Administrator together with the grounds on which the order has been made and such other particular* as in his opinion have a bearing on the matter, and no such order shall remain in force
3EC. 30)3 THE GAZETTE OF INDIA EXTRAORDINARY^ for m«re than twelve days alter the making thereof ucieas in the meantime it has been approved by the Administrator.
A WTM^itton of detention orders—A detention order may be executed at any n t o f f S S t e i ? ^ ^ P-vided for the execution of warrant , of arrest under the Code of Criminal Procedure, 1808. <6 of 1898).
5 power to regulate pUce and condition* of detention - E v e r y person m res pect' o f w S m a d & o n order ha8 been made shall be l i a b l e - ( a ) to be detained in such pjace ^ { ^ \ ^ ^ ^ t ^ A T ^ specify; and *vi +n ho removed from one place of detention to another place of detention, W t 0 ^ t h ™ ^ S S ? S r i t a r y of Manipur by order of the Administrator.
« Powers In relation to absconding persons—(1) If the Admlmatrator or an « . ™ ^ J i tiTmbTection (3) of section 6, as the case may be, has reason to officer l ^ ™ ^ 1 2 ^ S ^ S n e c t of whom a detention order has been made has S S w ' « V ^ a ^ S the order cannot be executed, the Administrator or such officer may— (*) make a report in writing of the fact to a Magistrate of the fcfgd«g ( S g w i 7 S r i a d S l o n in the place where the said n m ^ ^ % J J be detained were a warrant issued by the Magistrate, or CM by order notified in the Gazette direct the said person. to appear W before such officer, at such place and within m A p « r t r f l m J * * * * * specified in the order; and if the said person fails to comply with audi direction he shall, un lessbe ; p r o v e s « * } . i t W* ^W™*~JS& him to comply therewith and that he had, within the period H * ™ ?
in the order. Informed the officer mentioned in the order of the reason which rendered compliance therewith . ^ ^ ^ J ° A A ™ whereabouts, be punishable with imprisonment for a term whicn may extend to one year or with fine or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure.
1898, (6 of 1898), every offence under clause (b) of sub-section (1) shall be cognizable.
7 Grounds of order of detention to be disclosed to persons affected by the order—(1) When a person Is detained in pursuance of a detention order the authority making the order shall, as soon as may be, but not later than five days from the date ol detention, communicate to him the grounds on which the order haTbeen made, and shall afford him the earliest opportunity of making a re^ presentation against the order to the Administrator-
(2) Nothing in sub-Bectlon (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.
8, Constitution of Advisory Boards.—(1) The Administrator shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Ordinance.
(2) Every such Board shall consist of three persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the Administrator.
(3) The Administrator Bhall appoint one of the members of the Advisory Board who is or has been a Judge of a High Court to be its Chairman.
a Reference to Advisory Boards.—In every case where a detention order has been made m?de? this Ordinance, the Administrator shall, within thirty days from S e d a t e 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 £ t h e parson affected by the order, and in case where the order has been msde by an officer alao the report furnished by such officer under sub-section <3> of section 8.
THE GAZETTE OF INDIA EXTRAORDINARY (PAIW II— _ m Procedure of Advisory Boards,—(1) The Advisory Board shall after con sidering the materials placed before it and, after calling for such further infor mation 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 ln any particular case It considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the Administrator within ten, weeks-from the date of detention.
(2) The report of the Advisory Board shall specify in a separate narfc th*r*nf S r t ^ ? nf *hC / £ * l w B ° a r d a s t o A e t h e r or no? t h e r ? ? s f f i ? 2 S £ for the detention of the person concerned. v«u«o Board opinion
(3) When there is a difference of opinion amon* thp m»mh«v ~* «.
with the reference to the Advisory Board? and S ™ S e e d l S ? S S ^ **%?*** Board and Its report, excepting that part of the reporf £ w h S t n e S f i n i ^ S ^ Advisory Board is specified, shall be confidential fte ^P"*0 1 1 of the f^STnTT^cS&S a° l^ o a r h , h f l ""S— *•— of in its opinion sufficient cause for the detention T* h 8 S r e * £ ? * i that there la may confirm the detention order and £ 1 fh? L P ? n ' the Administrator cerned for such period, not beta- w S I J$Z* d 5 e ^ ° f o f tt* Pw««i con^ date of detention, as he thinks fit P °* t W r f v e m o n t h 9 l r o n> the ^^*S^^^^^^^j^s± that t h 5 e Is ta its mlnistrator shall revoke the Stent tnS rfrnlr „?* „ P T ° n c ™«roed ' the Ad-forthwith. oeientlon order and cause the person to be released
12. CD A detention order may, at any time, be revoked o r modifled- Ci> W h f i t o r h ° r d e r h S a b £ e n m a d e ^ * • Administrator, by the Admlnls-
(2) The revocation or expfrv of a ddfanHnn ^ , J _ -v •< , .
of a fresh detention order under section^ f againsT fhe t f™ ^ b a r , t h e m a k i n 8 where fresh facts have arisen after the date of r e v o c a H o n ^ f ^ ' n *»y c a s * * M & f % O M B S S J ; S I dWatc 2 e x p i a t e S S ' A S * £ ? ! ? ! & » > * * further period if the authority S i ^ S S e ^ * d £ ^ ^ J f ^ & S ? 8 * * ^ 5 that such further detention iBtSSmWvJ^&^LPmSS^JS, ******* prejudicial to the maintenance of Public order on l u S ? * w 07t& tSU??ttM:
T ^ h f1* r 3 S° d 6 t a l l i e < 1 a n d thereupon aU the provislo'na o7th°ia S & S K i & J I SSL*7*/* th!» S a m e ? a n n e I a n d t 0 t h e B a m e eKtent as they apply in t h ? casT of detention orders made under section 3. y e cafl* 0 I HJ?'M£SF5£?
ttltWt ° f VfTTl d««atoed.-<i) The Administrator may at any time direct that any person detained In pursuance of a detention order mav he 2 ~ 5 £ i * o r i a , n y J F ' e c j ? e d p e H o d * I t h « r without conditions or upon such condition!
specified in the direction a s that person accepts, and may at any time cancel his
(2) In directing the release of any person under sub-section (11, the Adminis trator may require him to enter into a bond with or without sureties for the due observance of the conditions specified In the direction-
(3) Any person released under sub-section. (1) shall surrender himself at the time and place, and to the authority, specified in the order directing hla release or cancelling his release, as the case may be.
(4) If any person falls without Sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with Imprisonment for a term 'ivhich may extend to two years or with fine OT wHb both.
S*c. 3(1)] THE GAZETTE OF INDIA EXTBAORDINABY -ML
(5) If any person released under sub-section (1) fans to fulfil any of the conditions Imposed upon him under the said sub-section or In the bond entered S to by nim? the bond shall be declared to be forfeited and any person bound thereby shall be liable to the penalty thereof.
14. Protection of action taken under the Ordlhanoe.-No J ^ J > * j J * g ^ M g [ other legalproceeding shall Ue against any person for anything in good faith done or intended to be done in pursuance of this Ordinance- [No. F.5/10/69-UTL-U0.]
GAR. 31.—In exercise of the powers conferred by section 2 of the Union Territories b - * « * J i , 7 ^ w • ( j^SL* t h central Government hcrebv &*<&& TO the Union i U > ± rt# TWnL the Orissa Preventive Detention Ordinance, 1969 (Orissa Ordinance No T o f I s i f a ! M f t a ^ f f t t o s S of Orissa at the date of this notification, subject to the following modifications, namely:— Modifications
1. The preamble shall be omitted.
2 Throughout the Ordinance, for the words "State Government", the wordJjAjfr miniitraS?' shall be substituted, and there shall also be made In a n y m « » ^ » i j h t e h those words occur such consequential amendments as the rules of grammar may require.
3. In section 1,—
(a) in sub-section (2). for the words "State of Orissa", the wordt "Union territory of Tripura" shall be substituted;
(b) after sub-section (3), the following sub-section shall be inserted, namely :— "(4> It shall remain in force so long as the Orissa Preventive Detention Ordi nance, 1969, is in force In the State of Orissa,**.
4. For section 2, the following section shall be substituted, namely :— "Definitions.—2. In this Ordinance— (a> "Administrator" means the Administrator of the Union territory of Tripura;
(b) "detention order" means an order made under section 3.™
5. In clause (b) of section 5. for the word "State", the words "Union territory of Tripura" shall be substituted.
6. In sub-section (1) of section 6 for the words "that Government or Officer", the words "the Administrator or such officer" shall be substituted.
7. In section 12. for sub-section (1\ the following sub-section shall be substituted, namely:— "(1) A detention order may, at any time, be revoked or modified—
(1) where such order has been made by the Administrator, by the Administra tor;
(ID where such order has been made by an officer mentioned in sub-section (2) of section 3, by such officer or the Administrator.".
ANKEXURE THE ORTSSA PREVENTIVE DETENTION ORDINANCE. 1969 AS EXTENDED TO THE UNION TERRITORY OF TRIPURA (ORISSA OBDTNANCP, NO. 6 OF 1969) , AN ORDINANCE To provide for Preventive Detention In Order to check certain nativities such ax Naxalite Activities and other activities nf like nature and for matters incidental thereto.
1. Short title, extent and commencement,—(11 This Ordinance may be called the Orissa Preventive Detention Ordinance, 1969, ^ - - = J ^ ^ ^ ^ F J ^ EXTRAORDINARY [ P A R T ^ « J U m extend to the whole of the rJnTon ^ r T T ^ r l ^ ^ ^ ^ " "
(3) It shal! corac into fore, on the 1st day of January, 1970 ^MS^mtjrsa^*aa *e °*- ̂ * a«« a***
2. Deflni«ous.^rn this Ordinance—
(a) "Administrator" means thr- AA«J-f*j * . .
m Mention o rde , ^ £ ^ ^ ^ f * * » - — ^ i * w l ^ f c ^ * 5 | t ' g ' i « S ^ i ! 2 £ Admin i s t e r may if a y manner prejudicial tetfoZlintcnaS J ± £ t 0 J?/*vePri?S Km from acting £
(2) Any of the following officers, namely :—
(a) District Magistrates, or fb1 A d r r i S a t ? r ! 8 l r i C t M a * i S t r a t " S p e c i a " y ^ P ^ e r e d >® this behalf by the Ad- I T J c t i o f ^ ^ P r ° V i d e d " "***» n ) ' MerC,"SC t h e ? * * inferred by the said
(3) When any order is mflde under this section bv an officer m,„t;A„^ ;
a\ he shall forthwith report the tact to the A t o S t a r t o ? toother S S * S u b -S« t ,° ' 1 which the order has been made and such other p a r t i S r s a s T h ? S& \ ^ ^ 0n in? on the matter, and no such order shall remain fa force t L l ^ T haVS, a b e a r ' after the mafcin* thereof unle, in the m e a n t i m e ^ t ^ Z ^ V ^ X ^ ^ Criminal Procedure, 1898. (5 of 1898) w a r r a ™ of arrest imder the Code of
5. Power to regulate place and conditions of detenrtnn p w « , „ „ J whom a detention order has been made shall be liable^ ^ P W M n k r C S p e c t o f (si to fee detained in such place and under such conditions including **»*& w l t a f * 1 & a ^ ^ ^ ^ h e ^ U t fiT**1** Or « officer a person in respect of whom a defentinn order S f t J S F & 4 * T^°n t 0 b e H c v* "»* upon the provision/of , e X n ?7 88 ffi W J S * H f ^ * ! ! . t h? r C ;
procedure, 1898 f* of 18<>8) *a l n „ l ,„ °V h< I C o d e o f ^tfmftad I * Property S * the order S & S ^ ^ X V L S i S S ^ ' n d issued by the Magistrate: or detained were ft warrant W ^ %£T nf^i {VhC f^& dirc? f h e s a i d perS(>n f° *Pr"r before such officer at such place and w.th,n such period m may be spedficd faKoS?
nnd rf th, said person fa,!, to comply with such direction he Shi? S t o T S proves that it was not possible for him to comolv uVr™;tK *«i , £ ? 2 ed in the order of the reason which rendered comnliance therewith m H X ^ o f h l s ^ b o ^ , he punishable with imnrisonment forterTwhS may extend to one year or with fine or with both.
r£j Notwithstanding anything contained in the Code of Criminal tr J ,„«* » nf inW>. every offen.e under cl.u.e & of .ih.ecrSon H) flRfwSSSSr * * "*C*30*J T H E GAZETTE OF INDIA EXTRAORDINARY
7. Grounds of order of detoitioii to be disclosed to persons affected by the ordur conS^t MW5w?*a«aas au*°r,ty to **-f^ **** pi detention Under t f f o X o l L * M K " £ * " " * ? * " • W ^ t n thL r ty d a ^ f r ^ ** &*> order has been made and the ̂ ^ ^ * « . / * " " " * B ™ d the grounds on which the order, and in cd where t h . S K ^ * j " » m a d e by the person affected by the by sucb officer ^ Z ^ l Z t ^ o t Z S ^ l * * * * * * * ** * " * ^ ^
10. Procedure of Advisory Boards.—(1) The Advisory Board shall alter considering the materials placed belore it and, alter calling for such further informauon as it mUy deem accessary from the Administrator or from any person called for the purpose through he Administrator or from the person concerned, and if in any particular case it consi der* it essential so to do or if the person concerned desires to be heard, after hearing dSeuUon*"00 ' " ^ US T6POrt * **" A d l t l i l , " t r a t o r w i t h i a ten wc°ks from the date of ™in?;Lri!f iCP°rA $ ^ Advisory Board shall specify in „ separate part thereof the S £ f^h AdVlSOry B ° a r d a s t o w b W i i e r o r °°l t h w i8 Sufficient cause far Se detention of the person concerned.
th, ™- Wh*n,^fre » a difference of opinion among the memeberj of the Advisory Board Ube qpmioo of the majority of SUch members shall be deemed to be- the opinion oi the h J L ^ t ^ L ^ ^ 9CCUun S f l a U ,C I l t i t le a°y P"son against whom a detention order r S » J £ T^L * A ! ^ py T k , g a l P r a ^ o o w « «>y matter connected with the n S E r S & 3 £ * S r * S ? ^ ' a n d H P"**edings of the Advisory Board «nd S m In ^ ^ T ^ i " 1 * r f r r t . ° i A d t i * 0 1 7 ^trd "»«> the maximum period of detendom- 2 L S ! y c W e . ^ r e J t h e .Advisory Board has reported that there is in its opinion Sn S 3 & £ * d ^ ? °* a P . e r s o n ' toc Administrator may » n C the°S3S S l ^ 2tL^2*~^ tiie d e t « n o n <* BW Person concerned far such period, uot being beyond a period of twelve months from the date of detention, as he think fit no ^ufflSen^cau0^ S ^ t * /f/b°*L B™d hf" r C P° r t c d * a t t h t « " » »s opinion mffS^SJ^^JSK^'Sf^ P e r 8 0 d C o n c e r a e d 1 ^ Administrator „hall revoke trie detention order and cause the person to be released forthwith,
12. (1) A detention order may, at any time, be revoked or modified—
(i) Where such order has been made by the Administrator, by the Administrator;
fii) where such order has been made by an officer mentioned in sub-section (2) of section 3, by such officer or the Administrator.
(2J The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in nny case where fresh facts have arisen after flic date of revocation or expiry on which the Administrator or an officer, as the case may be, IN satisfied that such an order should be made- *_ Jti& GAZETTE OF INDIA EXTRAORDINARY [PAM 11-KBC. 3 - authority' J J w h o s c ^ X ^ w t o ' d f t S n ^ ^ ^ T i 2 1 f t ! ! W ! * * 1* necessary m prevent hita from actios in 2 lULi L * z • 4 U c h i u r t U e r detention public order u/all or any oi £? S f o T l j S ^ i S L ^ f S a ^ «•**»«* °f the provisions of this Ordinance shall „Li ; ,T7 9 TO detained and thereupon till as they app,y i n the VHfigt&£j& 2ff3£S£tf* » * « ^ specified period elther without S J S S S T S l j S ^ S * ^ ^ ^ f o r * * tion as that person accept,, and £ J ° S ^ g ^ f ^ ^ * ^ * to d ' - the conditions specified in the d i r « S n . * 8 U r e b M f o r * • d u e °°«™ao« of
(3) Any person released under sub-section fl> shall «,rr*nH„ *.- i* t - place, and to the authority, specified r Z i l l l T ^ h™aBdf a t t h e t u n e a n d release, as the case may be. ^ C i n c a m m e o r d e r directing his release or cancelling his may extend to two m*. or with fine * Pwffta* ""J™00""* for a term which intpS^upon B f t S t J & S S t £ r \ ^ °f *» »
14. Protection of action taken nmW rtm rw*n„,.„..~ Vr ,.
proceeding shall lie against m J ^ ^ ^ ^ & ^ B M j ^ ^ ' or o t h e ' to«* done in pursuance of this Ordinance^ «°y«"ng in good faith done or intended to be [No. F. 6/a /69-UTL-t t - in . j K. R. PRABHU, Jft. Secy.
™ MANAOKH OF PUBLICATIONS, DELHI, 1970