ACT 026 OF 1971 : MAINTENANCE OF INTERNAL SECURITY ACT, 1971

1971 · State unknown · central · act_text

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Sections (19)

1 · Repealed by Act 27 of 1978.

1 · The words "except the State of Jammu and Kashmir" shall remain omitted and a proviso inserted at the end of the section till the continuation in force of the Defence and Internal Security of India Act, 1971 vide its Section 6(6).

2 · Inserted by the Defence of India (Amendment) Act, 1975 (32 of 1975), S. 7 (w.e.f. 31-71975).

1 · [(e) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.]

1 · A new clause (e) shall remain inserted during the continuation in force of the Defence and Internal Security of India Act, 1971, vide its Section 6(6).

1 · It shall remain inserted till the expiry of the Defence and Internal Security of India Act, 1971, vide its S. 6(c).

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(a) notwithstanding that the order has been made by an officer mentioned in sub -section (2) of Section 3, by the State Government to which that officer is subordinate or by the Central Government; (b) notwithstanding that the order has been made by the State Government or by the Central Government. 1 [(2) The expiry or revocation of a detention order (hereafter in this subsection referred to as the earlier detention order) shall not bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under Section 3 against the same person: Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall, in no case, extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order or the expiry of the Defence and Internal Security of India

1 · Substituted by Act 14 of 1976, S. 3 (w.e.f. 29-6-1975).

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 either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.

2 · [(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.] 1 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 5 (w.e.f. 29-6-1975). 2 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 5 (w.e.f. 29-6-1975). 16. Protection of action taken in good faith . -No suit or other legal proceeding shall lie against the Central Government or a State Government, and no suit, prosecution or other legal proceedings, shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act. 1 [16-A. Special provisions for dealing with emergency . -(1) Notwithstanding anything contained in this Act or any rules of natural justice, the provisions of this section shall have effect during the period of operation of the Proclamation of Emergency issued under clause (1) of Article 352 of the Constitution on the 3rd day of December, 1971, or the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, or a period of 2 [twenty-four months] from the 25th day of June, 1975, whichever period is the shortest. (2) The case of every person (including a foreigner) against whom an order of detention was made under this Act on or after the 25th day of June, 1975, but before the commencement of this section, shall, unless such person is sooner released from detention, be reviewed within fifteen days

2 · Substituted by Act 78 of 1976 for "twelve months" (w.e.f. 16-6-1976). See also S. 3 of that Act.

3 · Inserted by Act 14 of 1976, S. 4 (w.e.f. 29-6-1975).

4 · Substituted by Act 14 of 1976, S. 4 (w.e.f. 29-6-1975).

5 · Omitted by Act 14 of 1976, S. 4 (w.e.f. 29-6-1975).

6 · Substituted by Act 14 of 1976, S. 4 (w.e.f. 29-6-1975).

7 · Inserted by Act 14 of 1976, S. 4 (w.e.f. 17-10-1975).

8 · Inserted by Act 14 of 1976, S. 4 (w.e.f. 29-6-1975).

1 · Renumbered by MISA (Amendment) Act, 1975 (39 of 1975), S. 7 (w.e.f. 25-6-1975)

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