Page:Preventive Detention Act, 1950 on Gazette of India.pdf/4

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THE GAZETTE OF INDIA EXTRAORDINARY
FEB 26, 1950


State Government to which such officer is subordinate, in consultation with a person who is, or has been, or is qualified to be appointed as a Judge of a High Court nominated in that behalf by the Central Government of the State Government, as the case may be.

13. Revocation of detention orders.—(1) Without prejudice to the provisions of section 21 of the General Clauses Act, 1897 (X of 1897), a detention order may at any time be revoked or modified—

(a) notwithstanding that the order has been made by an officer mentioned in sub-section (2) of section 8, by the State Government to which that officer is subordinate or by the Central Government;
(b) notwithstanding that the order has been made by a State Government, by the Central Government.

(2) The revocation of a detention order shall not bar the making of a fresh detention order under section 3 against the same person.

14. Disclosure of grounds of detention, etc.—(1) No court shall, except for the purposes of a prosecution for an offence punishable under sub-section (2) allow any statement to be made, or any evidence to be given, before it of the substance of any communication made under section 7 of the grounds on which a detention order has been made against any person or of any representation made by him against such order; and, notwithstanding anything contained in any other law, no court shall be entitled to require any public officer to produce before it, or to disclose the substance of, any such communication or representation made, or the proceedings of an Advisory Board or that part of the report of an Advisory Board which is confidential.

(2) It shall be an offence punishable with imprisonment for a term which may extend to one year, or with fine, or with both, for any person to disclose or publish without the previous authorisation of the Central Government or the State Government, as the case may be, any contents or matter purporting to be contents of any such communication OT representation as is referred to in, sub-section (1):

Provided that nothing in this sub-section shall apply to a disclosure made to his legal adviser by a person who is the subject of a detention order.

15. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.

16. Repeal.—The Preventive Detention (Extension of Duration) Order, 1950, is hereby repealed.

K. V. K. SUNDARAM,
Secy. to the Govt. of India.