Section 17A in Maintenance of Internal Security Act, 1971
17A. [ Duration of detention in cases of detention on certain grounds. [S. 17A shall remain inserted during the continuation in force of the Defence and Internal Security of India Act, 1971, vide its S. 6(6).]
(1)Notwithstanding anything contained in the foregoing provisions of this Act, during the period of operation of the Proclamation of Emergency issued on the 3rd day of December, 1971, any person (including a foreigner) in respect of whom an order of detention has been made under this Act, may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding two years from the date of his detention in any of the following classes of cases or under any of the following circumstances, namely-(a)where such person had been detained with a view to preventing him from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or security of India; or(b)where such person had been detained with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order.(2)In the case of any person to whom sub-section (1) applies, Sections 10 to 13 shall have effect subject to the following modifications, namely-(a)in Section 10, for the words "shall, within thirty days", the words "may, at any time prior to but in no case later than three months before the expiration of two years" shall be substituted;(b)In Section 11,-(i)in sub-section (1), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted;(ii)in sub-section (2), for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted;(c)in Section 12, for the words "for the detention" in both the places where they occur, the words "for the continued detention" shall be substituted;(d)In Section 13, for the words "twelve months", the words "three years" shall be substituted.]
