(1) The State Government may, Fif satisfied with power to respect to any person that with a view to preventing him make from acting in any manner prejudicial to the security of orders the State or the maintenance of public order, it is necessary rrung ectet so to do, make an order directing that such person be persons.detained.
(2) For the purposes of sub-section (1), the expression "acting in any manner prejudicial to the security of the State -or the maintenance of public order" means—
(a) using, or instigating any person by words, either spoken or written, or, by signs or by visible representations ,or otherwise, to use, any lethal weapon— . to promote or propagate any cause or ideology, the promotion or propagation of Which affects, or is likely to affect, adversely the security of the State or the maintenance of public artier; or 2 The West Bengal (Prevention of Violent Activities) At, 1970).
- [President's Act
(ii) to overthrow or to overawe the Go'verninent established by law in India.
Explanation. --In ,this clause, "lethal weapon" includes Ere-arms, explosive or corrosive substances, swords, spears, daggers, bows and arrows; or
(b) committing mischi - wiin. te meaning of section 425 of the ef Indian th Penal h Code, fire or any explosive substance on any property of Government or any local authority or any corporation owned or controlled by Government or any University or other educational institution or on any public building, where the commission of such mischief disturbs, or is likely to disturb, public order; or
(c) causing insult to the Indian National Flag or to any other object of public veneration, whether by mutilating, damaging, burning, defiling, destroying or otherwise, or instigating any person to do so.
Explanation.--In this clause, "object of public veneration" includes any portrait or statue of an eminent Indian, installed in a public place as a mark of respect to 'him or to his memory; or
(d) committing, or instigating any person to commit, any offence punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more or any. offence under • the Arms Act, 1959 or the Explosive Substances 54 of 1969.
Act, 1908, where the commission of such offence e of 1908.
disturbs, or is likely to disturb, public order ; or
(e) in the case of a person referred to in -clauses (a) to
(f) of section 110 of the Code of Criminal Procedure, 1898, committing any offence, punishable s of 108.
with imprisonment where the commission of such offence disturbs, or is likely to disturb, public order.
(3) Any of the following officers, namely :
(a) District Magistrates,
(b) Additional District Magistrates specially empowered in this behalf by the State Government, . (c) in the Presidency-town of Calcutta, the Commissioner of Police, Calcutta, • m , if satisfied as provided in sub-section (1), exercise the powt,tk-conierred by the said sub-section.
(4) Jaen any order is made under this section by an bfficer specified in -sub-section (3), he shall forthwith report the fact to the Ste Government together with the grounds on.
which the oideF-has been made and such other particulars 45 of 1860.
•),
(b) The Wag?e al-(Prevention of T7iolent Attivi Aek !M. 3 • as in ,his opinion have a bearing on the matter and no such order shall remain in foree for more than twelve days after the mating'. thereof unless, in the meantime, it has been approved by the State Government.
(5) When any order is made ortnpproved by the State Government under this sections the State Government shall,- as soon as may be, 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 State Government, have a bearing on the necessity for the order.
4. A detention order may be executed at any place in the State of West Bengal in the manner provided for the execution of warrants of arrest under the Code of Crimival 5 of 1808. Procedure, 1898.
Execution of detention orders.
5. Every person in respect 'of whom a detention ol der Tower to has been made shall be liable— regulate place and
(a) to be detained in such place and under such con- conditions ditions, including conditions as to maintenau,;e, detention.
discipline and punishment for breaches of discipline, as the State Government may. by general or special order, specify; and (1r) to be removed from one place of detention to another place of detention;_ Within the State of West Bengal, by order of the State 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 of West Bengal, is outside the limits of the territorial jurisdiction of the officer making the order; or that the place of detention of such person, though within the State of West Bengal, is outside the limits of the territorial jurisdiction of the officer making the order.