(2) If the appropriate Government has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government may—
(a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of 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 period as may be specified in the order; and if the said person fails 2 »f 1974.
8»c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 2»f 1*74.
to comply with such direction, he shall, unless he proves that it was not possible for hm 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 rendered compliance therewith impossible and of his whereabouts, 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 off Criminal Procedure, 1973, every offence under clause (b) of sub-section (2) shaH be cognizable.
fl. For the purposes of sub-clause (a) of clause (4) and sub-clauae
(c) of clause (7) of article 22 of the Constitute,—
(a) the Central Government and such State Government shall, whenever necessary, continue one or more Advisory Boards each of which shall consist of a Chairman and two other person possessing the qualifications specified in sub-clause (a) at clause (4) of article 22 of the Constitution;
(b) save as otherwise provided in section 10, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order, make a reference in respect thereof to the Advisory Board constituted under clause (a) to enable the Advisory Board to make the report under sub-clause (a) of clause
(4) of article 22 of the Constitution)
(c) the Advisory Board to which a reference is made under clause (b) shall after considering the reference and the materials placed before it and after call'ng for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government 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 in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned;
(d) when there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board;
(e) a person against whom an order of detention has been made under this ordinance shall not be entitled 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;
(f) in every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detent'on of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it-thinks fit and in every case where the Advisory Board has re- Advisory Boards.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART [I— Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.
ported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith. ;