(1) The Government may, at any time, for reasons to be recorded in writing, direct that any person detained in pursuance of a detention order may be released for any specified period, either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
(2) In directing the release of any detenu under sub-section (1), the Government may require him to enter into a bond with or without sureties, for the due observance of the conditions specified in the direction.
(3) Any detenu released under sub-section (1), shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any detenu fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall on conviction, be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
(5) If any detenu released under sub-section (1) fails to fulfill any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.
550 Protection of action taken in good faith
17. No suit, prosecution, or other legal proceeding shall lie against the Government or any officer or persons, for anything in good faith done or intended to be done in pursuance of this Act.
Matters within the purview of this Act to be dealt with under this Act only
18. On and after the commencement of this Act, no order of detention under the National Security Act, 1980 (Central Act 65 of 1980) shall be made by the Government or any officer subordinate to it, in respect of any boot-legger, dangerous person, forest offender, gambler, goonda or property grabber in the Union territory of Puducherry on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, in so far as an order under this Act, could be made for detention of such person.
_____ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 10 OF 2010 The Preventive detention laws enforced in the Union territory at present are the National Security Act, 1980, the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. These enactments are not sufficient and effective to control anti-social activities of boot-leggers, persons who habitually commit or abet the commission of offences affecting human body and against property and of criminal intimidation, etc., forest offenders, gamblers, goondas, and property grabbers.
It is, therefore, proposed to bring about a local legislation to provide for preventive detention of persons indulging in the above kinds of anti-social activities and for the purpose, the term “anti-social activities” is defined to encompass the above activities.
The Bill seeks to achieve the above objects.
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