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Assam Preventive Detention Act, 1980 Complete Act

Title: Assam Preventive Detention Act, 1980

State: Central

Year: 1980

Preamble1 - ASSAM PREVENTIVE DETENTION ACT, 1980 Section1 - Short title and extent Section2 - Definitions Section3 - Power to make orders detaining certain persons Section4 - Execution of detention order Section5 - Powers to regulate place and conditions of detention Section6 - Detention order not to be invalid or inoperative on certain grounds Section7 - Powers in relation to absconding persons Section8 - Grounds of order of detention to be disclosed to person affected by the order Section9 - Constitution of Advisory Board Section10 - Reference to Advisory Board Section11 - Procedure of Advisory Board Section12 - Action upon the report of Advisory Board Section13 - Maximum period of detention Section14 - Revocation or modification of detention orders Section15 - Temporary release of persons detained Section16 - Protection of action taken in good faith Section17 - Repeal and saving

Assam Preventive Detention Act, 1980 Section 5

Title: Powers to Regulate Place and Conditions of Detention

State: Central

Year: 1980

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 State Government may, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention, whether within the State of Assam or in another State, by order of the State Government : PROVIDED that no order shall be made by the State Government under clause (b) for the removal of a person from the State to another State except with the consent of the Government of that other State.

Assam Preventive Detention Act, 1980 Section 13

Title: Maximum Period of Detention

State: Central

Year: 1980

The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under Section 12 shall be six months from the date of detention but in no case shall exceed the period fixed by law of Parliament, if any: PROVIDED that nothing contained in this section shall affect the power of the State Government to revoke or modify the detention order at any earlier time.

Assam Preventive Detention Act, 1980 Section 14

Title: Revocation or Modification of Detention Orders

State: Central

Year: 1980

(1) Without prejudice to the provisions of Section 23 of the Assam General Clauses Act, 1915 (Assam Act 2 of 1915) , a detention order made by any officer may, at any time, be revoked or modified by the State Government. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under Section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the State Government or an officer, as the case may be, is satisfied that such an order should be made.

Assam Preventive Detention Act, 1980 Preamble 1

Title: Assam Preventive Detention Act, 1980

State: Central

Year: 1980

ASSAM PREVENTIVE DETENTION ACT, 1980 [Act, No. 5 of 1980] PREAMBLE An Act to provide for preventive detention in certain cases and matters connected therewith. In exercise of the powers conferred by Section 3 of the Assam State Legislature (Delegation of Powers) Act, 1980 , the President is pleased to enact as follows: --

Assam Preventive Detention Act, 1980 Section 4

Title: Execution of Detention Order

State: Central

Year: 1980

A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)

Assam Preventive Detention Act, 1980 Section 6

Title: Detention Order Not to Be Invalid or Inoperative on Certain Grounds

State: Central

Year: 1980

No detention order shall be invalid or inoperative merely by reason- (a) that the person to be detained there under is outside the limits of the territorial jurisdiction of the State Government or the officer making the order, or (b) that the place of detention of such person is outside the said limits.

Assam Preventive Detention Act, 1980 Section 8

Title: Grounds of Order of Detention to Be Disclosed to Person Affected by the Order

State: Central

Year: 1980

(1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than ten 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.

Code of Criminal Procedure, 1973 Chapter 5

Title: Arrest of Persons

State: Central

Year: 1973

.....with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing. (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence] (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or.....

Preventive Detention Act, 1950 Complete Act

State: Central

Year: 1950

.....by the said subsection. (3) When any order is made under this section9[by any officer mentioned in sub-section (2)] he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion10[have a bearing on the matter, and no such order made after the commencement of Preventive Detention (Second Amendment) Act, 1952 (61 of 1952), shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government.] 11[(4) When any order is made or approved by the State Government under this section, 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 has a bearing on the necessity for the order.] SECTION 03A: EXECUTION OF DETENTION ORDERS A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1898 (5 of 1898)13] SECTION 04: POWER TO REGULATE.....