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Section 5A: Grounds of detention severably.

The Maharashtra Prevention of Dangerous Activities Act, 1981.State Act of Maharashtra · Act 55 of 1981

[5A. Grounds of detention severable.— Where a person has been detained in pursuance of an order of detention under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-

(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-

(i) vague,

(ii) non-existent,

(iii) not relevant,

(iv) not connected or not proximately connected with such person, or

(v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the State Government or an officer mentioned in subsection (2) of section 3 making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention ;

(b) the State Government or such officer making the order of detention shall be deemed to have made the order of detention under the said section 3 after being satisfied as provided in that section with reference to the remaining ground or grounds.]

Where this provision sits

ActThe Maharashtra Prevention of Dangerous Activities Act, 1981.
Section5A
Marginal noteGrounds of detention severably.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Mah. 24 of 1988. Section 5A was inserted by Mah. 24 of 1988, s. 2.

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