(1) The State Government may, if satisfied with respect to any bootlegger or cyber law offender[6] or drug-offender or forestoffender[2] or goonda or orders detain immoral traffic offender or sand offender[4] or sexual-offender[7] or slum-grabber or video pirate[3] that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, 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 or a Commissioner of Police, the State Government are satisfied that it is necessary so to do, they may, by order in writing, direct that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (l), exercise the powers conferred by the said sub-section;
Provided that the period specified in the order made by the State Government under this sub-section shall not, in the first instance, exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.
(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 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 State Government.
Power to make orders detaining certain persons.
4. A detention order may be executed at any place in the State in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)· Execution of detention orders.
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 State 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 State by order of the State Government.
Power to regulate places and conditions of detention.
5A.[1] Where a person has been detained in pursuance of an order of detention [whether made before or after the commencement of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers (Amendment) Act, 1986)] 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 of such grounds 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 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 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.
Grounds of detention severable.
6. No detention order shall be invalid or inoperative merely by reason-
(a) that the person to be detained thereunder, though within the State, is outside the limits of the territorial jurisdiction of the officer making the order, or
(b) that the place of detention of such person, though within the State, is outside the said limits.
Detention orders not to be invalid or inoperative on certain grounds