(1) The Government may, if satisfied with respect to any boot-legger, dacoit, drug-offender, goonda, immoral traffic offender 9[Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake Document Offender, Scheduled Commodities Offender, Forest Offender, Gaming Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender] that with a view to preventing 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 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 (1), exercise the powers conferred by the said sub-section:
9. Substituted by Act No.13 of 2018 (w.e.f.17.06.2017).
Power to make orders detaining certain persons.
Central Act 21 of 2000.
Act 17 of 1999.
8 [Act No. 1 of 1986]
Provided that the period specified in the order made by the Government under this sub-section shall not in the first instance, exceed three months, but the 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 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 mean time, it has been approved by the Government.
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.
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 State by order of the Government.
6. No detention order shall be invalid or inoperative merely by reason,– Execution of detention orders.
Central Act 2 of 1974.
Power to regulate place and conditions of detention.
Detention orders not to be invalid or in-operative on certain grounds [Act No. 1 of 1986] 9
(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.