(1) If appropriate Government has reason to believe that a person powers in respect of whom a detention order has been made has absconded or is conceal- in relation ing himself so that the order cannot be executed, that Government may t o absconding persona.
(a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of 2ofl974. sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973, shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;
(b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and 'within such npxiod as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which 308 THE GAZETTE 01 INDIA EXTRAORDINARY [PART II— rendered compliance therewith impossible and of his wnareabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under clause (h) of sub-section (1) shall be cognizable. 2 of 1974.
vGrounds 8. (1) When a person is detained in pursuance of a detention order, the «rf order authority making the order shall, as soon as may be, but ordinarily not later t/ontob" t h a n flVC d a y S a n d m e x c e P t i o n a l circumstances and for reasons to be recorded disclosed *n writing, not later than ten days from the date of detention, communicate to to person him the grounds on which the order has been made and shall afford him the affected earliest opportunity of making a representation against the order to the approbythe priate Governmentorder.
(2) Nothing in sub-section (2) shall require the authority to disclose facts which it considers to be against the public interest to disclose.
Constitu- 9_ (i) TJJC central Government and each State Government shall, whenever ^°.n,° necessary, constitute one or more Advisory Boards for the purposes of this BoJrds^ O r d i nance.
(2) The constitution of every such Board shall be in accordance with the recommendations of the Chief Justice of the appropriate High Court,
(3) Every such Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court.
Explanation.—in this section "appropriate High Court" meafls^- («) in the case of the detention of a person in pursuance of an̂ order of detention made by the Central Government or an officer of the Central Government or the administrator of the Union territory of Delhi or an officer subordinate to such administrator, the High Court for the Union territory of Delhi;
(b) in the case of the detention of a person in pursuance of an order of detention made by any State Government (other than the administrator of a Union territory) or an officer of such State Government, the High Court for that State; and
(c) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory (other than the Union territory of Delhi) or an officer subordinate to such administrator, such High Couit as the Central Government may, by order published in the Official Gazette, specify with respect to such Union territory.
Reference 1®- Save as otherwise expressly provided in this Ordinance, in every case toAdvi- where a detention order has been made under this Ordinance, the appropriate s o ry Government shah1, within three weeks from the date of detention of a person Boards. u n ( j e r the order, place before the Advisory Board constituted by it under section 9, 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 referred to in sub-section (2) of section 3, also the report by such officer under sub-section (3) of that section.
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