(1) This Ordinance may be called the Prevention of Blackmarketing and. short| Maintenance of Supplies of Essential Commodities Ordinance, 1979. title ( extent /
(2) It extends to the whole of India except the State of Jammu and Kashmir. and
(5) It shall come into force on such date as the Central Government may, commence by notification in the Official Gazette, appoint.
(305) 3O* THE GAZETTE OF INDIA EXTRAORDINARY [PART II- Deflnl- 2. In this Ordinance, unless the context otherwise requires,— tiono.
(a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government or a parson detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government or as respects a person detained under such order, the State Government;
(b) "detention order" means an order made under section 3;
(c) "State Government", in relation to a Union territory, means the administrator thereof.
Power to 3, (J) The'Central Government or a State Government or any officer of the make Central Government, not below the rank of a Joint Secretary to that Government detainiM specially empowered for the purposes of this section by that Government, or any certain officer of a State Government, not below the rank of a Secretary to that Governpersons. ment specially empowered for the purposes of this section by that Government, 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 supplies of commodities essential to the community it is necessary so to do, make an order directing that such person be detained.
Explanation.—For the purposes of this sub-section, the expression "actiag is any manner prejudicial to the maintenance of supplies of commodities essential to the community" means—
(a) committing or instigating any person to commit any offence punishable under the Essential Commodities Act, 1955, or under any other ^ of 1955^ law for the rim© being in force relating to the control of the production.
supply or distribution of, or trade and commerce in, any commodity essential to the community; or
(b) dealing in any commodity— (0 which is an essential commodity as defined in the Essential Commodities Act, 1955, or 10 of 1935.
(ft1) with respect to which provisions have been made in any such other law as is referred to in clause (a), with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that Act or other law aforesaid.
(2) Any of the following officers, namely —
(a) district magistrates;
(b) Commissioners of Police, wherever they have been appointed, may also, if satisfied as provided in sub-section (1), exercise the powers 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 State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve day? after the making thereof unless in the meantime it has been approved by the State Government:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 307
Provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that for the words "twelve days", the words "fifteen days" shall be substituted.
(4) When any order is made or approved by the State Government under this section or when any order is made under this section by an officer of the State Government not below the rank of Secretary to that Government specially empowered under sub-section (2), the State Government shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been mad© and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order,
4. A detention order may be executed at any place in India in the manner Execution provided for the execution of warrants of arrest under the Code of Criminal °* deten- 2 011974. Procedure, 1973. ' t i o n orders.
5. Every person in respect of whom a detention order has been made shall be power to liable— regulate place and
(a) to be detained in such place and under such conditions, including conditions conditions as to maintenance, discipline and punishment for breaches of ofdetendiscipllnc, as the appropriate Government may, by general or special order, t I o nspecify; and
(b) to be removed from one place of detention to another place of detention, whether within the same State or in another State, by order of the appropriate Government:
Provided that no order shah1 be made by a State Government under clause (ft) for the removal of a person from one State to another State except with the consent of the Government of that other State.
6. No detention order shall be invalid or inoperative merely by reason— Deten- . tion orders
(a) that the person to be detained thereunder is outside the limits of not to the territorial jurisdiction of the Government or officer making the order, or b e invalid or inopera-
(b) that the place of detention of such person is outside the said tiveon limits. certain grounds.