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 District Magistrate or Sub-Divisional Magistrate, or, in a presidency-town, the Commissioner of Police, may, if satisfied as provided in sub-clauses (ii) and (iii) of clause (a) of subjection (1), exercise the power conferred by the said sub-section.
(3) When any order is made under this section by a District Magistrate, Sub-Divisional Magistrate, or Commissioner of Police, 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 necessity for tho order.
4. Power to regulate place and conditions of detention.—So long as a detention order is in force in respect of any person, he shall be liable to be removed to, and detained in, such place and under such conditions, including conditions as lo maintenance, discipline, and punishment for breaches of discipline, as the Central Government or. as the case may be, the State Government, may from lime to time by general or special order specify.
5. Detention order not to be invalid by reason of place of detention.—No detention order made by an officer mentioned in sub-section (2) of section 3 shall be deemed to be invalid merely by reason that the place of detention specified in the order is situate outside the limits of the territorial jurisdiction of such officer.
6. Powers In relation to absconding persons.—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, 1808 (Act V of 1898), shall apply in respect of the said person and his property as if the order directing that lie 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 period as may be specified in the order; and if the said person fails to comply with such direction be shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one, year or with fine or with both.
7. Grounds of order of detention to be disclosed to persons affected by the order.—(1) When A person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, 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, in a case where such order has been made by the Central Government, to that Government, and in a case where it has been made by a State Government or an officer subordinate thereto, to the State Government.
