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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 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 Complete Act

State: Central

Year: 1980

.....the Assam State Legislature (Delegation of Powers) Act, 1980 (38 of 1980), has been consulted before the enactment of this measure as a President's Act. SECTION 01: SHORT TITLE AND EXTENT (1) This Act may be called the Assam Preventive Detention Act, 1980. (2) It extends to the whole of the State of Assam. SECTION 02: DEFINITIONS -In this Act, unless the context otherwise requires,- (a) "Advisory Board" means the Board constituted under Section 9-; (b) "detention order" means an order made under Section 3-; (c) "State" means the State of Assam ; (d) "State Government" means the State Government of Assam. SECTION 03: POWER TO MAKE ORDERS DETAINING CERTAIN PERSONS - (1) The State Government or any officer of the State Government, not below the rank of a Secretary to the State Government, or a District Magistrate may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State, the maintenance of public order or the maintenance of supplies and services essential to the community, it is necessary so to do, make an order directing that such person be detained: Provided that no order of.....

Preventive Detention Act, 1950 Complete Act

State: Central

Year: 1950

.....Preventive Detention (Amendment) Act, 1951 (4 of 1951); and (b) nothing contained in subjection (3) of Sec. 1 or sub-section (1) of Sec. 12 of this Act as originally enacted shall be deemed to affect the validity or duration of any such order. SECTION 13: REVOCATION OF DETENTION ORDERS (1) Without prejudice to the provisions of Sec. 21 of the General Clauses Act, 1897-(10 of 1897), a detention order may at any time be revoked or modified- (a) notwithstanding that the order has been made by an officer mentioned to sub-section (2) of Sec. 3 by the State Government to which that officer is subordinate or by Central Government; (b) notwithstanding that the order has been made by a State Government, or by the Central Government, 33 [(2) The revocation of expiry of a detention order shall not bar the making of a fresh detention order under Sec. 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the Central Government or a State Government or an officer, as the case may be, is satisfied that such an order should be made. SECTION 14: TEMPORARY RELEASE OF PERSONS DETAINED (1) The appropriate Government may at any time.....

The Maharashtra Preventive Detention Act, 1970 Complete Act

State: Maharashtra

Year: 1970

.....1969. (4)The Act shall remain in force up to and inclusive of the 3lst day of December, 1974 and shall then expire. (5) Upon the expiry of this Act, section 7 of the Bombay General Clauses Act, 1904, shall apply as if this Act had then been repealed by a Maharashtra Act. SECTION 02: DEFINITION In this Act, unless the context otherwise requires, "detention order" means an order made under section 3. SECTION 03: POWER TO MAKE ORDERS DETAINING CERTAIN PERSONS (1) The State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to (i) the security of the State or the maintenance of public order, or (ii) the maintenance of supplies and services essential to the life of the community, it is necessary so to do, make an order directing that such person be detained. (2) Any of the following officers, namely (a) District Magistrates, (b) Additional District Magistrates specially empowered in this behalf by the State Government. (c) Commissioner of Police may, 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.....

Constitution of India Constitution Order 8

Title: Preventive Detention (Extension of Duration) Order, 1950

State: Central

Year: 1950

.....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.....

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Preamble 1

Title: Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

State: Central

Year: 1974

..... WHEREAS violations of foreign exchange regulations and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse effect on the security of the State; AND WHEREAS having regard to the persons by whom and the manner in which such activities or violations are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to smuggling, smuggling activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities and violations to provide for detention of persons concerned in any manner there with; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-- _______________________ 1. Published in Gazette of India (Extraordinary) Part II, section2, dated 25-11-1974 w.e.f. 19th December 1974, vide G.S.R. 690 (E), dated 16-12-1974.

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.