Page:Digitized version of Jammu and Kashmir Public Safety Act, 1978.pdf/13

PUBLIC SAFETY ACT, 1978

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(2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and cause the person to be released forthwith.

^[1][18. Maximum period of detention.––(1) The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 17, shall be––

(a) ^[2][three months in the first instance which may be extended up to twelve months] from the date of detention in the case of persons acting in any manner prejudicial to the maintenance of public order ^[3][x x x] ;

^[4][(a-1) twelve months from the date of detention in the case of the persons indulging in smuggling of timber ; and]

(b) ^[5][six months in the first instance which may be extended up to two years] from the date of detention in the case of persons acting in any manner prejudicial to the security of the State.

(2) Nothing contained in this section shall affect the powers of the Government to revoke or modify the detention order at any earlier time, or to extend the period of detention of a foreigner in case his expulsion from the State has not been made possible.]

19. Revocation of detention orders.––(1) Without prejudice to the provisions of section 21 of the General Clauses Act, Samvat 1977, a detention order may at any time be revoked or modified by the Government notwithstanding that the order has been made by any officer mentioned in sub-section (2) of section 8.

(2) There shall be no bar to making of a fresh order of detention against a person on the same facts as an earlier order of detention made against such person in any case where––

(i) the earlier order of detention or its continuance is not legal on account of any technical defect ; or

(ii) the earlier order of detention has been revoked by reason of any apprehension, or for avoiding that such order of its continuance is not legal on account of any technical defect:

1. Substituted by Act XII of 1988, s. 2.
2. Substituted for the words “twelve weeks” by Act VII of 2012, s. 6.
3. Words “or indulging in smuggling of timber; and” deleted ibid.
4. Clause (a-1) inserted ibid.
5. Substituted for the words “two years” ibid.