(1) The Government may, if satisfied with respect to any person that with a view to preventing him from engaging in or making preparations for engaging in any antisocial activity, it is necessary so to do, make an order directing that such person be detained.
(2) If having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the Government is satisfied that it is necessary so to do, it may, by an order in writing, direct that the District Magistrate (hereinafter referred to as the authorized officer in this Act) 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 authorized officer, he shall forthwith report the fact to the Government, 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 days after the making thereof, unless, in the meantime, it has been approved by the Government.
(4) When any order is made by the Government under sub-section (1) or by the authorized officer under sub-section (2) the Government shall within seven days, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the Government, have a bearing on the necessity for the order:
Provided that the Central Government may, after due consideration of the order made either under sub-section (1) or sub-section (2) and for reasons to be recorded in writing, modify or revoke any order made by the Government or the authorized officer, as the case may be and the said order shall thereafter have effect only in such modified form or be of no effect:
Provided further that any such modification or revocation shall be without prejudice to the validity of anything previously done in pursuance of such order.
545 Execution of detention orders
4. A detention order may be executed at any place in the Union territory of Puducherry in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure, 1973. (Central Act 2 of 1974) Power to regulate place and conditions of detention
5. Every person in respect of whom a detention order has been made shall be liable-
(a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, within the Union territory of Puducherry by order of the Government.
Grounds of detention severable
6. Where a person has been detained in pursuance of an order of detention under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each ground and accordingly-
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government or the officer making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention;
(b) the Government or the officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.
546 Detention orders not to be invalid or inoperative on certain grounds
7. No detention order shall be invalid or inoperative merely by reason-
(a) that the person to be detained thereunder, though within the Union territory of Puducherry, is outside the territorial jurisdiction of the authorized officer making the order, or
(b) that the place of detention of such person though within the Union territory of Puducherry, is outside the said limits.
Powers in relation to absconding persons