(1) The Government may, if satisfied with respect to any communal offender, 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:
Provided that the period specified in the order made by the Government under this sub-section shall not in the first instance exceed four weeks, 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 so that the total period shall not exceed six months.
(2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of the District Magistrate or 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
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Central Act, XLV 1860.
Power to make an order detaining communal offenders.
[Act No. 30 of 1984] 3 Magistrate or Commissioner of Police 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 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 two weeks 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 disciplne, 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 an order of the Government.
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 Power to regulate place and conditions of detention.
Execution of detention order.
Central Act 2 of 1974.
Detention orders not to be invalid or inoperative on certain grounds 4 [Act No. 30 of 1984]
(b) that the place of detention of such person, though within the State, is outside the said limits.