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Section 9

The North-East Pontier Agency Preventive Detention Regulation, 1970.Regulations · 1970

(2) The Governor shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Regulation.

(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 Governor.

S of 1898.

5 of 1898.

Power to regulate place and conditions of detention.

Powers m relation to absconding persons.

Grounds of order of detention tobe disclosed to persons affected by the order.

Constitution of Advisory Boards.

162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(3) The Governor 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.

10. In every case where a detention order has been made under this Regulation, the Governor 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 by such officer under sub-section (3) of section 3.

11. (/) The Advisory Board shall after considering the materials placed before it and, after calling for such further information as it may deem necessary from the Governor or from any person called for the purpose through the Governor or from the person concerned, and if in 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 Governor within ten weeks from the date of detention.

(2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.

(3) When there is a difference of opinion among the members of the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.

(4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.

Where this provision sits

ActThe North-East Pontier Agency Preventive Detention Regulation, 1970.
Section9
StatusIn force as published by the source

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