THE MAINTENANCE OF INTERNAL SECURITY ACT, 1971

Sun Feb 27 2022 | National Security | Comments (0)

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Year : 1971

[Act No. 26 of 1971]
[02nd July, 1971]


PREAMBLE

An Act to provide for detention in certain cases for the purpose of maintenance of internal security and matters connected therewith.

BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:-

Section -1 Short title and extent

(1) This Act may be called the Maintenance of Internal Security Act, 1971.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Section -2 Definitions

In this Act, unless the context otherwise requires,-

(a) "Appropriate Government" means, as respects a detention order made by the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer subordinate to a State Government or as respects a person detained under such order, the State Government;

(b) "Detention order" means an order made under section 3;

(c) "Foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946);

(d) "State Government", in relation to a Union territory, means the administrator thereof.

Section -3 Power to make orders detaining certain persons

(1) The Central Government or the State Government may,-

(a) If satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to-

(i) The defence of India, the relations of India with foreign powers, or the security of India, or

(ii) The security of the State or the maintenance of public order, or

(iii) The maintenance of supplies and services essential to the community, or

(b) If satisfied with respect to any foreigner that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India,
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) Commissioners of Police, wherever they have been appointed,
may, if satisfied as provided in sub-clauses (ii) and (iii) of clause
(a) of sub-section (1) exercise the power conferred by the said sub-section.

(3) When any order is made under this section by an 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 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 authority making the order after five days but not later than fifteen days from the date of detention, this sub-section shall apply subject to the modification that for the words "twelve days", the words "twenty-two days" shall be substituted.

(4) When any order is made or approved by the State Government under this section, the State Government shall, within seven days, 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 have a bearing on the necessity for the order.

Section -4 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).

Section -5 Power to regulate place and conditions of detention

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 appropriate 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 same State or in another State, by order of the appropriate Government:

Provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State.

Section -6 Detention orders not to be invalid or inoperative on certain grounds

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 Government or officer making the order, or

(b) That the place of detention of such person is outside the said limits.

Section -7 Powers in relation to absconding persons

(1) If the Central Government or the State Government or an officer specified in sub-section (2) of section 3, as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government or officer may-

(a) Make a report in writing of the fact to a Presidency Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure 1898 (5 of 1898), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;

(b) By order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such READ MORE

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