Sections Particulars
1 Short title, extent and commencement
(1) This Act may be called the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980. (2) It extends to the whole of Ind...
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 by an o...
3 Power to make orders detaining certain persons
(1) The Central Government or State Government or any officer of the Central Government, not below the rank or a Joint Secretary to that government specially ...
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, 1...
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 conditi...
6 Detention orders not to be invalid or inoperative on certain grounds
(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the government or officer making the order; or (b) that...
7 Powers in relation to absconding persons
(1) If 1[the appropriate government or an officer mentioned in sub-section (2) of section 3, as the case may be,] has reason to believe that a person in respe...
8 Grounds of order of detention to be disclosed to person affected by order
(1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five d...
9 Constitution of Advisory Boards
(1) The Central Government and each State Government shall, when ever necessary, constitute one or more Advisory Boards for the purposes of this Act. (2) Ever...
10 Reference to Advisory Boards
Save as otherwise expressly provided in this Act, in every case where a detention order shall been made under this Act, the appropriate government shall, with...
11 Procedure of Advisory Board
(1) The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from t...
12 Action upon the report of Advisory Board
(1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the appropriate governmen...
13 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 12, shall be six months...
14 Revocation of detention orders
(1) Without prejudice to the provisions of section 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may at any time, be revoked or modified...
15 Temporary release of persons detained
(1) The appropriate government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period ei...
16 Protection of action taken in good faith
No suit or other legal proceedings shall lie against the Central Government or a State Government and no suit, prosecution or other legal proceeding shall lie...
17 Repeal and saving
(1) The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Ordinance, 1979 (10 of 1979), is hereby repealed. (2) Notwithstandi...
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