Page:Digitized version of Jammu and Kashmir Public Safety Act, 1978.pdf/8

PUBLIC SAFETY ACT, 1978

155

that with a view to regulating his continued presence in the State or with a view to making arrangements for his expulsion from the State,

it is necery so to do, make an order directing that such person be detained.

(2) Any of the following officers, namely :––

(i)Divisional Commissioners,

(ii)District Magistrate,

may, if satisfied as provided in sub-clauses (i) and (ii) of clause ^[1][(a) or (a-1) of sub-section (1), exercise the powers conferred by the said sub-section.

(3) For the purposes of sub-section (1),––

^[2][(a) Omitted.]

(b) “acting in any manner prejudicial to the maintenance of public order” means––

(i) promoting, propagating or attempting to create, feelings of enmity or hatred or disharmony on ground of religion, race, caste, community, or region;

(ii) making preparations for using, or attempting to use, or using, or instigating, inciting, provoking or otherwise abetting the use of force where such preparation, using, attempting, instigating, inciting, provoking or abetting, disturbs or is likely to disturb public order;

(iii) attempting to commit, or committing, or instigating, inciting, provoking or otherwise abetting the commission of, mischief within the meaning of section 425 of the Ranbir Penal Code where the commission of such mischief disturbs, or is likely to disturb public order;

(iv) attempting to commit, or committing, or instigating, inciting, provoking or otherwise abetting the commission of an offence punishable with death or imprisonment for life or imprisonment of a term extending to seven years or more, where the commission of such offences disturbs, or is likely to disturb public order;

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1. Inserted by Act IV of 1985, s. 2.
2. Omitted by Act XII of 1988, s. 2.