Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Assam - Section

Section 3 in Assam Preventive Detention Act, 1980

3. Power to make orders detaining a 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 persons 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 service essential to the community, it is necessary so to do, make an order directing that such person be detained:Provided that no order of detention shall be made under this Sub-section with respect to any person with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community, and for the purposes of the proviso the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community" shall have the same meaning as in the Explanation to Sub-section (1) of section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act of 1908).
(2)When any order is made under the preceding Sub-section by any officer mentioned herein, he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order 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:Provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention this sub-section shall apply subject to the modification that for the words "twelve days", the words "fifteen days" shall be substituted Central Act 2 of 1974;