(1) If the State Government or an officer- specified in subsection (3) of section 3, as the case may be, has reason .to believe that a person in respect -of whom a detention order has been made has absoonded or is concealing himself scr that the order cannot be executed, that Governmerit of officer may—
(a) make a report- in writing of the fact to a Presidelcy Magistrate or a Magistrate of the first °leas having jurisdiction in the place 'wirer* ihe said person ordinarily reSides; and thvenpon the provisions of sections 87; 88 and. 89 of the node Detention orders not to be invalid, or in operative on certain grounds.
Powers in relation to absoon PerPons• Grounds of order of deten.
tion to 'be disclosed to persons affected by the order.
4 17!,e-,West Bengal (Prevention of ViolentActivities)tlet, 1970.
[PreSli!ent's ACt of Criminal Procedure, 1898, shall apply in 5 of 1898.
respect of the said persOn and his property, as if the order directing that he be detained were a warrant issued by the Magistrate;
(b) by order notified in the Official Gazette direct the said person to 'appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure,. 1898, every offence under clause (b) of sub-section (1) shall be cognizable.
8. .(1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but not later than five days from the date of detention, communicate to him the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order to the State Government.
(2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against- the public - interest to disclose.
5 of 1898.
Consti- • S. (I) The State Government shall, whenever necessary, tution of constitute one or more Advisory Boards for the purposes' of Advisory - this Act. Boards.
(2\ Every such Board shall consist of three persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the State Government.
(3) The State Government shall appoint one of the members of the Advisory Board who is or has been a Judge of a High Court to be its Chairman.
Reference 10. In every case where a detention order has been.
to ,made under this Act, the State Government shall, within Advisory • Boards. thirty days from the date of detention under the order, place be are the Advisory Board, constituted by it under section 9, the ounds on which the order has been made and the represe tion, if any, made by the person affected by the order, a in case where the order has been made by an officer spec sub-section (3) of section 3, also the report made by sue eer under sub-section (4) of section 3.
ilkeWeet genOal (Prevention of Violeta Activities) A04-04970.. 5 19 01 10704- .., - 11. (1) The Advisory Board shall, after considering the Procedure materials 131aced before it and, after calling for such further fd information—as it may deem necessary from the State Gov- Boar ernment or from any person called for the purpose through the State Government or from the person concerned, and if in any particular case it considers, it essential so to do or if the person concerned desires to be heard, aftgr hearing him in person, submit its report *to the State Government within ten weeks from the date of detention.
(2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.
(3) When there is a difference of opinion among the members farming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.
(4) Nothing in this secticin shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion. of the Advisory Board is specified, shall be confidential.