Constitution of India Constitution Order 8 - Bare Act

C. O. 8

Dated the 26th January, 1950

THE PREVENTIVE DETENTION (EXTENSION OF DURATION) ORDER, 1950

In exercise of the powers conferred by sub-clauses (a) and (b) of clause (7) of article 22 of the Constitution of India read with article 373 thereof and of all other powers enabling him in that behalf, the President is pleased to make the following Order, namely : --

1. (1) This Order may be called the Preventive Detention (Ex­tension of Duration) Order, 1950.¹(2) It shall come into force at once.

2. Where in any class of cases or under any circumstances speci­fied in any law providing for preventive detention in force at the commencement of the Constitution of India (hereinafter referred to as 'the Constitution') any person was, immediately before such com­mencement, or is at any time thereafter, in detention in pursuance of an order made under such law, such person may be detained for a period longer than three months under such law without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4) of article 22 of the Constitution.

3. The maximum period for which any such person, as is referred to in paragraph 2, may be detained, shall, in the case of a person in detention immediately before the commencement of the Constitu­tion, be three months from such commencement, and in the case of a person detained in pursuance of an order made after such commence­ment, be three months from the date of such order.

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1. This order was repealed by the Preventive Detention Act, 1950 (IV of 1950).