REGISTERED NO. D. (D)-72 The Gazette of India EXTRAORDINARY PUBLISHED BY AUTHORITY No. 77] NEW DELHI, SUNDAY, NOVEMBER 16, 1975/KARTIKA 25, 1897 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 16th November, 1975/Kartika 25, 1897 (Saka) THE MAINTENANCE OF INTERNAL SECURITY (FOURTH AMENDMENT) ORDINANCE, 1975 No. 22 OF 1975 Promulgated by the President in the Twenty-sixth Year of the Republic of India.
An Ordinance further to amend the Maintenance of Internal Security Act, 1971.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (I) This Ordinance may be called the Maintenance of Internal Security (Fourth Amendment) Ordinance, 1975.
Short title and commencement.
(2) This section and section 5 shall come into force at once; section 2 shall be deemed to have come into force on the 25th day of June, 1975
(721) 7 2 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] and sections 3 and 4 shall be deemed to have come into force on the 29th day of June, 1975.
2. In section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the principal Act), in sub-section (3), for the words "twelve days" at both the places where they occur, the words "twenty days1', and for the words "twenty-two days", the words "twentyfive days" shall be substituted. .
Amendment of section 3.
26 of 1971,
3. In section 14 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely: — Amendment of section
14. " (2) The expiry or revocation of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person:
Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall, in no case, extend beyond a period of twelve months from the date of detention under the earlier detention order or until the expiry of the Defence and Internal Security of India Act, 1971, whichever is later.". 42 of 1971.
4. In section 16A of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely: — Amendment of Section
16A. "(2A) If the State Government makes a declaration under sub-section (2) that the detention of any person in respect of whom a detention order is. made by an officer subordinate to that Government is necessary for dealing effectively with the emergency, the State Government shall be deemed to have approved such detention order and the provisions of sub-section (3) of section 3, in so far as they relate to the approval of the State Government, and of subsection (4) of that section, shall not apply to such detention order.".
5. Any act or thing done or purporting to have been done, before the commencement of this section, under the principal Act in respect of any person against whom an order of detention was made under that Act on or after the 25th day of June, 1975 or in respect of any such order of detention shall, for all purposes, be daemed to be as valid and effective as if the amendments made to the principal Act by this Ordinance had been in force at all material times, FAKHRU'DDIN ALI AHMED, President.
Validation.
K. K. SUNDARAM, S&ygrfO the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDTA PRESS, MINTO ROAD.
NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1975